7 Shocking Examples of Age Discrimination in the Workplace
The following contribution comes from the website of Schaefer Halleen, LLC, which describes itself as follows: Headquartered in Minneapolis, Minnesota, Schaefer Halleen is dedicated to providing the highest quality legal representation to individuals and groups affected by illegal conduct by corporate or government entities. The following principles guide our practice and future growth, and enable each client to understand the values that founded the firm and drive our focus on experience, commitment, and results.
The article is authored by Darren M. Sharp, a senior attorney at Schaefer Halleen, LLC, where he represents clients primarily in employment law, condominium law, and other litigation. In employment law, Darren focuses his practice on discrimination, sexual harassment, and retaliation claims, with a client portfolio ranging from manual laborers to senior corporate executives.
The Age Discrimination in Employment Act protects employees over the age of 40 from age discrimination and harassment by their employers. This federal law does not protect employees under 40, but fortunately, Minnesota also has laws that protect them.
The Minnesota Human Rights Act prohibits employers from using age as a basis for refusing to hire, discriminating against, or firing someone over the age of 18. This means that employers are equally prohibited from using age as a factor in the hiring decision when evaluating a 22-year-old or a 60-year-old candidate.
Although Minnesota has done its best to prevent age discrimination, unfortunately, employees continue to fall victim to age bias in various work contexts. Here are seven examples of how and where employees can be discriminated against or harassed because of their age.
- Age Bias Outside the Tech Sector
The tech industry has been stereotyped as a job for younger generations, and we have certainly seen numerous examples of tech companies or tech jobs being filled by younger workers, while older workers are unfairly dismissed.
However, this type of age bias is by no means limited to the tech industry or IT jobs. Layoffs and downsizing continue to affect older employees with long tenures with alarming frequency, and new management often encounters problems with older employees who have successfully performed their jobs for years. Age discrimination occurs throughout the American workplace, regardless of the industry.
- Age Discrimination in Nonprofit Organizations
While there are excellent nonprofit organizations to work for, just because an organization has a good mission doesn’t mean it will be a good place to work. Nonprofits are subject to the same labor laws as everyone else, and we see them constantly violating them; age discrimination is no exception.
- Age Discrimination by Older Employees
It’s not just younger managers who engage in age bias; older managers do too. Employers and their lawyers, seemingly unaware of this, often point to the age of the decision-maker (who was the same age as or older than the employee who was fired or passed over) to claim that age did not influence the decision. This excuse is not an excuse: under Minnesota law, age cannot influence a major employment decision, regardless of who the decision-maker is or their age.
- Age Discrimination in Healthcare
Healthcare professionals can have long and successful careers. Others enter the field as a second career or adapt their practice focus after years of experience. Regardless of the reason, healthcare professionals often continue working well into later life and frequently maintain high performance. When there are older employees in the workplace, as in the healthcare sector, age bias tends to creep in over time, unfortunately.
- Age Bias Against Younger Workers
The federal Age Discrimination in Employment Act prohibits age discrimination against employees 40 years of age or older. The Minnesota Human Rights Act, on the other hand, protects all Minnesota employees from age discrimination, regardless of their age. In other words, in Minnesota, it is illegal to use age as a factor in employment decisions for any older worker. This means that hiring applicants based on their age is a violation of the law.
- Age Bias During the Hiring Process
Workers are protected from discrimination at all stages of employment, including the hiring process. Employers cannot discriminate against older job applicants by assuming they lack the necessary skills, are not tech-savvy, or will not be a good fit with younger colleagues. Conversely, some employers prefer older employees and overlook younger applicants because they perceive them as less «expert» or «experienced.» If both candidates have similar qualifications, employers cannot decide whom to hire based on age. Unfortunately, some employers will try to pass off their discrimination as a genuine concern about the applicant’s qualifications.
- Passing Out Employees for Promotions and Bonuses
Age discrimination often becomes apparent when employees compete for promotions and bonuses. Older workers may be passed over for promotions in favor of younger, less experienced employees perceived as having greater potential. Sometimes, companies choose not to promote older employees because they assume they will consider retiring sooner than younger team members.
When performance bonuses are distributed, some employers justify not awarding them to certain team members based on their age. However, age alone does not predict performance, so your employer should be able to articulate clear performance issues if they decide not to award you a bonus or promote another employee to a vacant position.
Recognizing Hidden Forms of Age Discrimination
While these seven examples are among the most visible, age discrimination often hides behind coded language or subtle workplace patterns.
Phrases like “energetic,” “digital native,” or “culturally savvy” in job descriptions
may seem innocuous, but they often serve as indicators of a preference for younger candidates. Similarly, company cultures that value “fresh ideas” and devalue experience may marginalize older employees who bring valuable institutional knowledge.
Employers may also exclude older workers from professional development programs, assume they are not interested in advancement, or exclude them from team-building activities that favor the interests of younger employees. These practices, though sometimes unintentional, contribute to an environment where age bias is normalized.
To combat this, employees should document instances where age-based comments,
patterns, or decisions arise. Saving performance reviews, emails, and job offers can help prove discriminatory intent should a complaint need to be filed.
How to Protect Yourself from Age Discrimination
If you suspect you are being treated unfairly because of your age, consider these steps:
Keep records of employment decisions, communications, and performance reviews.
Review company policies to identify inconsistencies between stated values and actual practices.
Report concerns internally through HR channels or in writing to your supervisors.
Consult with an employment attorney familiar with the Minnesota Human Rights Act and the Federal Age Discrimination in Employment Act.
A legal advisor can help you assess whether your situation meets the legal definition of age discrimination and what remedies are available, such as reinstatement, back pay, or compensation for emotional distress.
How to Deal with Age Discrimination at Work
Workers face age discrimination in a variety of ways, and this list of workplace examples is not exhaustive. At Schaefer Halleen, we have seen seemingly well-intentioned employers make illegal decisions based on age for years. If you believe your employer has subjected you to this prohibited conduct, please contact us. We are experts in defending employees who are victims of age discrimination in Minnesota and would be happy to discuss this matter with you.
Frequently Asked Questions
What are some common examples of hiring discrimination?
Hiring discrimination can occur when employers rely on stereotypes or assumptions rather than qualifications. Examples include rejecting older applicants based on perceived retirement dates, favoring «younger» candidates for cultural fit, or including age-related terms, such as «recent graduate,» in job postings.
What are some examples of age discrimination in the workplace?
Examples include being passed over for promotions in favor of younger employees, being excluded from training or leadership opportunities, or hearing comments that imply you are «too old» for certain tasks. Firing or demoting employees based on age-related assumptions is also illegal.
How does ageism manifest itself in the workplace? Ageism often manifests subtly, such as excluding older employees from mentoring programs, assuming they can’t adapt to technology, or undervaluing their contributions compared to younger colleagues. These behaviors reinforce bias even without overt discrimination.
What situations are considered age discrimination?
Any employment decision (hiring, firing, promotion, salary, or job assignment) based on age rather than merit can be considered age discrimination. It is also discriminatory to harass someone with persistent age-related jokes or comments that create a hostile work environment.
Can you give examples of age discrimination in the workplace?
Yes. Common examples include replacing older employees with younger ones during reorganizations, offering fewer career development opportunities to older staff, or denying bonuses based on assumptions about retirement plans.
How to Deal with Hostile Candidates in Interviews?
The following contribution comes from Reddit, which describes itself as follows: Reddit is home to thousands of communities, endless conversations, and genuine human connection. Whether you’re interested in breaking news, sports, TV fan theories, or an endless stream of the internet’s cutest animals, there’s a community on Reddit for you.
Most interviews take place at recruitment events. I interview 8 to 16 candidates per week. I estimate that 1 in 40 candidates becomes hostile or starts to be negative.
I have 3 years of experience in research engineering and 9 years at a FAANG company. A FAANG company is one of the five American tech giants that make up the acronym: Facebook (Meta), Amazon, Apple, Netflix, and Google (Alphabet), known for their enormous market capitalization, innovation, and dominance in their markets, significantly influencing global culture and the economy.
Regarding interviews, my experience has been that some candidates are hostile or disgruntled with me.
I’ve been observed by colleagues and recruiters, and this has happened while they were interviewing. People think it’s because I look young for my age. They told me my interview process was standard.
Since the start of the pandemic and the shift to remote interviews, I’ve noticed that candidates are less upset. Almost all of our positions now have a permanent remote option. The number of applicants and the number of interviews has increased.
With that, I’ve encountered more unpleasant candidates. They’re usually people who fit the definition of a long-term, experienced developer.
I’ve noticed an increase in the number of senior or higher-level candidates who just want to code.
They want to «skip the talk» (the behavioral questions) and dive right into the code. When we finish coding and I go to ask more behavioral questions, they tell me I don’t know what I’m doing and that I should pose more complex problems.
I don’t understand the candidates who refuse. «Are you stupid?», «Are you kidding me?», «Do you know how to program?», «Even if you make me an offer, I probably won’t accept it.» I’m not sure if they think that behavior will get them an offer or if they’re just bored and want to see how long I can tolerate it.
My usual response is: «Sorry, I don’t have much experience conducting interviews. You’re right, do you have any further comments? Please be sure to repeat this to HR or the recruiting department.»
Most candidates will still complain, but they’re no longer hostile. Then I’ll say, «Can you answer some of my questions? I need to include the answers in my feedback,» and they’ll move on with the interview.
With college or entry-level candidates, I don’t recall seeing that much hostility. I’ve unintentionally made a few cry, but most are very kind.
As for colleagues, we tend to be friendly by talking to each other privately and informing each other of any issues. There’s a lot of goodwill on the team. Many people don’t have bad intentions; it’s usually just a matter of misunderstandings or misconceptions.
If you encounter hostile or negative candidates, what do you do? Do you try to defuse the situation? And if so, how?
How should candidates professionally respond to hostile recruiters?
The following contribution comes from Dinesh Sharma, Assistant General Manager at UFLEX.
Sometimes, the job profile is characterized by the dual reporting requirements of reporters, a complex work environment, highly demanding managers, the management of expatriates from different countries, and the HR department must hire people with qualities such as firm opinions, technical expertise, confidence, and strong willpower.
The candidate should appear calm and composed.
The answer should be precise and based solely on facts.
You must be firm in your answers and not hesitate, as the interviewers will try to influence and test you.
Most of the time, candidates respond thoughtfully and intelligently. These interviews play a good role in bringing out their true personality; however, there are several dos and don’ts for recruiters: a) It should be a panel interview; b) If there is a female candidate, there should be a female recruiter; c) The recruiter should not ask personal questions.
Aggressive Job Searching and Why It Works Better
The following contribution comes from EmploymentCrossing, the world’s leading job aggregation service. Job search and reporting, technological innovation
Headquartered in Pasadena, California, with offices worldwide, EmploymentCrossing locates and ranks jobs across all available sources and offers its highly specialized research to job seekers, recruiters, and other job portals in North America.
Author: Team
Aggressive job searching is a non-traditional, job seeker-oriented, not employer-oriented, approach. The goal of this approach is to find a position that maximizes the individual’s job satisfaction. To do this, the applicant must alternate between being a politician, a detective, and a salesperson, using professional job search techniques in each area that contradict both the customs and preferences of employers. Aggressive job searching is a more effective approach than traditional methods. To understand why and to be an effective aggressive job seeker, it is necessary to fully understand the theory behind this approach.
The Familiarity Advantage
Aggressive job searching rests on two fundamental principles: «Nobody likes strangers» and «It’s not a dirty wo
