Your performance reviews have always been excellent, and your contributions have been consistent. Yet suddenly, you feel sidelined. Discussions around “restructuring” or “fresh perspectives” seem to invariably lead to the departure of older, more experienced employees.
When does an employer’s consideration of age become a violation of your rights? What does the law say about age as a factor in the workplace?
Federal and state protections
The Age Discrimination in Employment Act, or ADEA, safeguards workers aged 40 and older nationwide. Under this federal law, age-based discrimination is unlawful for workplaces with at least 20 employees. It covers hiring, firing, promotions, pay, and other terms and conditions of employment.
Michigan’s Elliot-Larsen Civil Rights Act, or ELCRA, offers even broader protection. This state law makes age discrimination illegal regardless of age and applies to employers of all sizes, with very few exceptions. ELCRA also covers all aspects of employment, providing strong protection for Michigan workers.
Limited legal exceptions
Employers can consider age only in rare circumstances. A “bona fide occupational qualification” must exist, meaning the age requirement directly relates to normal business operations.
For example, a theater production may legally seek an actor for a role that requires someone young. Some jobs, such as certain airline pilot positions, may also have specific age limits for public safety reasons. Courts interpret these exceptions very narrowly, making it extremely difficult for an employer to prove.
Signs you may face illegal age discrimination
Look for these warning signs that indicate possible age discrimination:
- Age-related comments or jokes about being “over the hill” or “too old”
- Younger workers with similar qualifications are receiving better assignments
- Sudden negative performance reviews after years of positive feedback
- A pattern of hiring or promoting only younger employees
- Your replacement is substantially younger with similar or lesser qualifications
- Changes in company culture that exclude older workers
Age discrimination has no place in the workplace. If you notice these signs, it is essential to take action.
Getting professional help
Age discrimination can impact careers and livelihoods. If you believe you have faced unfair treatment due to age, it is best to seek professional advice.
An attorney can shed light on your legal rights and the paths available to you. They can also help you formally complain against your employer and pursue legal recourse.