The Age Discrimination in Employment Act (“ADEA”) prohibits covered employers from discriminating against employees over 40 years old in the terms and conditions of employment. In over two decades practicing in the field of employment law, I have noticed that age discrimination claims surface more frequently than any other type of discrimination. 

 

Here are some examples of evidence from cases I’ve handled that suggested age discrimination: 

• • Firing an executive in his 60’s and replacing him with someone in their 30’s.

• • Asking an employee about intentions to retire in the near future.

• • Telling an employee that they are “too old” to recruit younger people.

• • Using ageist references when referring to an employee (grandma, grampa, old timer, etc.).

• • Disciplining an older worker, but not taking the same measures against a younger employee under the same or similar circumstances.

• • Asking older employees to find and/or train their replacements.

• • Upper management/executives making statements that the company needs to attract younger employees.

• • A manager expressing that he was disappointed when an older employee had not yet retired.

• • Filling positions with only younger individuals while overlooking older employees / candidates who are more qualified.

• • A new manager terminating an older employee for not being a “good fit” with the company and hiring a substantially younger replacement.