Age Discrimination

Employers often make unlawful employment decisions based on an employee’s age. Age discrimination at work—especially discrimination against employees over 40—violates federal and state laws.

More than one-third of the U.S. population is over 50. Yet an AARP workplace survey showed that “nearly 2 out of 3 workers age 45 and older have seen or experienced age discrimination on the job” (aarp.org). Most older workers also believe age discrimination will prevent them from finding a job.

Ageism does not have to be accepted. When a manager says it’s time to “freshen” up the workplace, or when an employer refuses to interview a candidate because her resume shows a long history, something can be done. Layoffs that affect mostly older workers or retaliation against employees who complain also fall into this category.

Layoffs often provide a prime opportunity for age discrimination. Technology companies and other employers sometimes lay off tens of thousands of employees. Older workers typically take the brunt of these actions, often grouped together to appear like part of the masses. Careful review of the selected employees, however, often reveals a pattern.

If you believe someone discriminated against you because of age, an experienced Boston age discrimination lawyer can help. The attorneys at Gordon Law Group, LLP rank among the best employment lawyers in the nation. Based in Boston, they represent victims of workplace age discrimination across the country and work to hold employers accountable.

Understanding Discrimination Against Age in the Workplace

Unfortunately, workplace age discrimination still thrives in America. Employers can discriminate in many ways. The Age Discrimination in Employment Act (ADEA) and the Massachusetts Fair Employment Practices Act (M.G.L. c. 151B) protect workers by prohibiting employers from treating people over 40 less favorably because of age.

Age discrimination can appear in hiring, promotions, layoffs, terminations, reduction in hours, compensation, benefits, work assignments, and training. For example, an employer who refuses to hire or promote older workers, selects older employees for layoffs, or forces them to retire engages in age discrimination. Other examples include giving older employees poor assignments, issuing unfair performance reviews, or denying benefits or pensions that younger workers receive.

Employers must prevent and address age discrimination. They should have written policies against it and provide employee training. Companies must create a clear process for reporting age discrimination. They must investigate complaints thoroughly and fairly, and protect employees who report issues. Failing to investigate a complaint violates the law.

EEOC and State Agencies Often Overwhelmed

Employees who experience age discrimination can file a complaint with the Equal Employment Opportunity Commission (EEOC). In states with local agencies, such as the MCAD in Massachusetts or the Human Rights Commission in New York, employees can file complaints there as well. The EEOC investigates and enforces federal workplace discrimination laws, while state agencies perform similar functions.

These agencies often face overwhelming workloads. The EEOC now has a smaller staff and budget than in 1980, while the U.S. workforce has grown from 91 million workers in 1980 to 165 million in 2023.

Boston age discrimination lawyers, like those at Gordon Law Group, can help. Employees can also file their own complaints in court. While not every employment decision affecting someone over 40 involves age, many do. To prove age discrimination, the employee must show they could perform the job, an adverse action occurred, and the employer favored a younger worker. If a lawyer successfully proves discrimination, the employee may recover compensation including lost wages, emotional distress, liquidated damages, and punitive damages.

Protections Against Retaliation

Employers cannot just create anti-discrimination policies—they must enforce them. They must protect workers who speak up for themselves or others. They must investigate complaints.

Laws also prohibit retaliation against employees who complain internally or externally about age discrimination. The laws protect employees who advocate for colleagues or testify in a lawsuit. For example, if a worker complains about unfair treatment based on age, even if the complainant is older, the law protects them from adverse employment actions. Hiring an age discrimination attorney can ensure that complaints are proper and well-documented.

Choose an Experienced Age Discrimination Lawyer

If someone discriminated against you because of age or retaliated against you for speaking up, you need a knowledgeable Boston age discrimination attorney. Gordon Law Group, LLP understands the ADEA and Massachusetts Anti-Discrimination laws. The firm has a track record of success with all types of employment discrimination cases in Boston and beyond.

The firm represents employees at all levels—from service workers to executives. They rank among the best employment lawyers and fight to protect employees’ rights.

Age discrimination is illegal and should never be tolerated. Holding employers accountable sends a strong message and protects other employees. If your employer made adverse employment decisions and you suspect age was a factor, contact Gordon Law Group, LLP, today to schedule a consultation.