Age discrimination is an unfortunate reality that many workers eventually face. Federal and Texas laws provide protections to ensure that workers over the age of 40 are treated fairly in the workplace. This blog will explore these protections, highlight warning signs of age discrimination, and offer tips on addressing potential issues.
Legal Protections Against Age Discrimination
The Age Discrimination in Employment Act (ADEA)
The ADEA is a federal law that protects workers aged 40 and older from age-based discrimination in workplaces with 20 or more employees. It prohibits discrimination in all aspects of employment, including hiring, firing, promotions, compensation, and other terms or conditions of employment.
Chapter 21 of the Texas Labor Code
In Texas, Chapter 21 of the Texas Labor Code includes a subsection regarding age discrimination. It mirrors many of the ADEA’s protections but applies to employers with at least 15 employees.
Signs of Age Discrimination in the Workplace
Recognizing age discrimination can be challenging, as it is often subtle. Here are some red flags to watch out for:
- Harassing Comments About Age
- Remarks or casual jokes about being “too old” to understand something or perform certain tasks.
- Preference for Younger Employees
- Favoring younger workers for promotions, training opportunities, or high-profile projects, despite your qualifications and experience.
- Sudden Performance Criticism
- Receiving unjustified negative feedback after years of positive reviews and a proven record.
- Being placed on a performance improvement plan without a clear explanation, perhaps close to retirement.
- Changes in Job Duties
- Being reassigned to less desirable tasks or roles without justification.
- Seeing your responsibilities diminish as younger employees take on more significant roles.
- Layoffs Targeting Older Workers
- Noticing a pattern of older employees being let go while younger employees in similar positions are retained.
- Unsolicited Queries Regarding Retirement Plans
- Questioning your retirement plans out of nowhere, without any indication of interest in retiring on your end.
Steps to Address Age Discrimination
It truly is never too soon to call an attorney if you are experiencing discriminatory acts in the workplace.
If you have questions and want to learn more about your rights, contact one of us for a consultation. We’ll be able to assess whether there is unlawful misconduct afoot and guide you through next steps in pre-litigation and/or litigation.
Other tips to keep in mind:
It is a good idea to keep detailed records of any discriminatory incidents, including dates, times, locations, and the names of individuals involved.
Consider making a report with HR regarding the discriminatory actions. Review your employer’s anti-discrimination policies and procedures for making internal reports.
If you a file a complaint with HR, do so in writing for your records.
Know that discrimination complaints may result in retaliation or even termination. This is an unlawful response on your employer’s part.
Conclusion
Age discrimination is serious and unlawful. Understanding your rights and knowing how to respond can empower you to protect your hard-earned career. If you suspect that you are being discriminated against on the basis of age, don’t hesitate to reach out to our firm for help.