Age discrimination can significantly and adversely affect an employee’s career, self-esteem, and financial security. Despite being prohibited under federal and state laws, age discrimination still happens in various forms across different industries.
Age discrimination typically impacts employees aged 40 and older, as specified by the federal Age Discrimination in Employment Act (ADEA). In New Hampshire, additional state protections also exist to ensure that employees are judged on merit rather than age. Unfortunately, some employers may subtly or overtly treat older employees unfairly, whether through hiring practices, promotions, or workplace culture.
Spotting age discrimination isn’t always straightforward because it often involves nuanced behaviors and policies. Knowing the typical signs, such as age-related comments, limitations on career growth, and favoritism towards younger employees, can help those affected determine if they face age-based biases.
Common Signs of Workplace Age Discrimination
Age discrimination in the workplace often appears in ways that may initially seem subtle but have significant impacts on an employee’s career and morale. Understanding the common signs of age-based bias can help you recognize when you’re being unfairly treated based on your age, rather than your performance or qualifications.
The following include some typical examples of age discrimination at work:
- Exclusion from important projects: Older employees may notice that key projects or leadership roles go to younger staff members, regardless of their own qualifications or experience.
- Age-related comments: Remarks or jokes about an employee's age, such as comments about being "over the hill" or "needing to retire soon," create a disrespectful environment that suggests bias.
- Sudden changes in performance reviews: If long-standing employees with good records suddenly face negative reviews, it may be an attempt to justify demotion or dismissal based on age.
- Encouragement to retire: Some employers might pressure older employees to retire, hinting that they’d prefer younger team members or questioning retirement plans without prompting.
- Limited access to training and growth opportunities: Employers may invest more in training or development programs for younger employees, sidelining older staff and stunting their career advancement.
- Unfair application of company policies: Older employees might find themselves facing stricter scrutiny for attendance, health, or performance metrics compared to their younger counterparts.
Noticing these patterns can indicate that age-based biases are affecting your role in the workplace. Staying alert to these signs enables employees to document occurrences and, if necessary, take action to protect their rights.
Can My Employer Force Me to Retire?
In most cases, employers cannot legally force employees to retire based solely on their age. Forcing someone to retire or suggesting retirement due to age is considered age discrimination and violates federal and state laws. New Hampshire’s state laws further strengthen these protections, making it clear that employers cannot pressure workers to retire based on age alone.
However, there are some exceptions. In specific, age-sensitive industries—like public safety roles involving police officers, firefighters, or airline pilots—mandatory retirement ages may be legally enforced. This typically occurs when age directly impacts job performance or safety, as in physically demanding or high-stakes positions. Even in these cases, mandatory retirement policies must be justified by substantial evidence to meet legal standards.
If an employer pressures you to retire without a legally valid reason, speaking to an employment lawyer can help clarify your rights and options.
Contact Us for Legal Assistance
Facing age discrimination can feel isolating and intimidating, especially when your career and livelihood are at stake. Navigating these situations alone can make it difficult to know where to start, and employers don’t always respond fairly when employees raise concerns about age bias.
Our employment lawyers at Douglas, Leonard & Garvey, P.C. understands the impact of discrimination on employees’ lives. We’re committed to helping you assert your rights and secure fair treatment in the workplace. Whether you need help negotiating with your employer or pursuing legal action, we can provide the legal support you need.
Contact us today to discuss your claim and learn how we can help you move forward.