As older people increasingly retain and seek employment, there are growing allegations that employers are discriminating against people due to their age. Recognizing when a person has and has not been discriminated against because of their age is a first step when thinking about filing a legal claim.
Older workers say age discrimination is prevalent
Recent surveys have shown just how much of a challenge age is for older workers. AARP released a report with information from surveys in 2022 and 2023 saying two in three people older than 50 stated they were discriminated against on the job. Nine in 10 said they believed it to be a frequent occurrence. This happens simultaneously to older people remaining in the workforce.
The number of workers 65 and older has multiplied by four in the past four decades. Almost 25% of people working are at least 55.
Although people might suspect they are being victimized by age discrimination, it can be difficult to prove. Some of the behaviors they face on the job include jokes about their age, negative comments, poor work reviews, a reduction in pay, layoffs and pressure to retire.
Around 20% of older people said they were confronted by age discrimination after they reached 40. One in four overheard negative comments regarding age. About 50% claimed their birthdate was requested when they applied for a job.
Age discrimination is, of course, illegal in Colorado. There are times, however, when some actions employers take is not discriminatory. Age could be a legitimate qualification to work a certain job. If that is the case, not hiring someone because they are not the right age would not be viewed as discrimination.
Employers are also allowed to adhere to a seniority system when making decisions. People can be terminated for reasons other than age such as not showing up to work, not completing their tasks or for issues with working with colleagues.
Those who were discriminated against can consider filing a claim
When a person thinks age discrimination has taken place, it is essential to recognize when it has legitimately occurred and know which laws were violated. The Age Discrimination in Employment Act – also known as ADEA – protects people 40 and older. The ability to do the job should be the primary factor in being hired and retaining employment. To consider legal options, it is wise to have comprehensive guidance to understand the available steps and to pursue a case.