As you reach middle age and look towards retirement, you likely have experience with the issues and complications that are inherent in almost any job. No job is perfect and every job comes with positive and negative factors, many of which change over time.
However, there might come a time when you start to suspect that what you are experiencing is more than common workplace problems. Maybe it is simply poor management, difficult co-workers or perhaps you are having trouble adapting to changes in the workplace.
But what if it is something more sinister? Whether you are a new or long-time employee, when you reach a certain age, you might become a victim of age discrimination.
Knowing if it is age discrimination or general employment issues is not always easy. Here are some common signs of age discrimination.
Forced retirement
Being pushed or forced to retire from your job is a sign of age discrimination. Mandatory retirement is generally illegal, but constant comments from your employer about your age or retirement could cross the line from everyday workplace conversation to age discrimination.
This is especially true if your employer has never commented about your retirement before. Sudden and unexpected remarks about how you should consider retiring or constant inquiries about your retirement plan are sometimes a red flag.
Patterns of discrimination
See if there is a pattern of negative treatment toward older employees. This can include harassment or bias.
Talk with other older employees and see if they have experienced any of the same treatment. If so, there could be a pattern of age discrimination throughout the entire workplace, particularly if human resources have received complaints about the treatment and taken no steps to address it.
Demotions or denied promotions
Being demoted or denied a promotion in favor of a younger worker could be age discrimination. To succeed in an age discrimination claim based on a demotion or denied promotion, you must show that you were performing satisfactorily at the time.
Evidence to show your performance can include reviews, bonuses, raises or documented remarks from others. You must also show that you were passed over in favor of a younger employee.
You must be age 40 or older to be protected by age discrimination laws. However, you can still have a claim for age discrimination if the person you are replaced with is over 40.
For example, if you are 55 years old and replaced by a 42-year-old employee, you could still have a claim for age discrimination.
What to do next
You may hesitate to file a claim for age discrimination. Proving the discrimination might feel too daunting. It can also be hard to accept the fact that you are getting older and age discrimination applies to you.
If you believe you are a victim of age discrimination, gather all relevant documentation to prove your case. This can include human resource records, communications with managers or other employees and discipline reports. Talk with colleagues you can trust to support you in your claim.
Remember that you have rights provided to you through federal law and one of these rights is to be free from discrimination based on your age. Age discrimination takes a strong mental and emotional toll and employers who engage in age discrimination should be held accountable.