It can be frustrating and disheartening to feel like your experience and dedication are not being recognized in the workplace. If you have been passed over for a promotion, reassigned to a lesser role, or feel like your contributions are being overlooked because of your age, you may be facing age discrimination. While employers have the right to make business decisions, they do not have the right to discriminate against employees based on age. Understanding your rights and knowing how to take action can help you protect your career and hold your employer accountable.
Recognizing Age Discrimination in the Workplace
Age discrimination can take many forms, some of which may be subtle and difficult to identify. Employers may use coded language, such as calling older workers “overqualified,” “not a cultural fit,” or “lacking energy.” While these terms may not directly reference age, they can be indicators of a biased workplace culture.
In some cases, older employees may be systematically excluded from promotions, training opportunities, or challenging assignments. If you notice a pattern in which younger employees are consistently given preferential treatment while older employees are overlooked, this may be a sign of age-based discrimination. Another red flag is when an employer restructures a department in a way that disproportionately affects older employees, leading to demotions, layoffs, or early retirement pressure.
Another common tactic is using performance reviews to create a paper trail that justifies adverse employment decisions. For example, an employer may suddenly begin issuing lower performance ratings to an older employee, even if their work quality has remained consistent. If younger employees are receiving more leniency for similar performance issues, this could indicate age discrimination.
It is important to document any instances of unfair treatment, including emails, meeting notes, or witness statements. If you believe you have been passed over for a promotion because of your age, consider requesting feedback from your employer in writing. This can help clarify whether the decision was based on legitimate business factors or if there were discriminatory motives.
Taking Action Against Workplace Age Discrimination
If you suspect that age discrimination played a role in your employer’s decision, you do not have to accept it without question. The first step is to review your company’s policies regarding discrimination and promotion criteria. Many organizations have internal procedures for addressing discrimination complaints, and following these protocols may help resolve the issue without escalating to legal action.
You may also choose to have a direct conversation with your employer or Human Resources department. Express your concerns and ask for a clear explanation of why you were passed over. If the reasons given seem inconsistent, vague, or unrelated to your performance, this could further support your case.
In situations where an internal complaint does not lead to a fair resolution, you may need to explore legal options. State and federal laws protect employees from age discrimination in the workplace. The law generally applies to workers over the age of 40 and prohibits employers from making employment decisions based solely on age. This means that if you were denied a promotion or faced other adverse treatment because of your age, you may have a valid legal claim.
Filing a complaint with the Equal Employment Opportunity Commission (EEOC) or a state agency is often the next step. These agencies investigate claims of discrimination and may take action against employers who violate the law. You may also consider seeking legal representation to help you navigate the process and advocate for your rights.
It is essential to act promptly, as there are time limits for filing discrimination claims. Delaying action can make it more difficult to gather evidence and hold your employer accountable. If you believe that you have been discriminated against because of your age, taking legal steps can help you protect your career and ensure that your rights are upheld.
A South Jersey Discrimination Lawyer at The Law Offices of Leo B. Dubler, III, LLC Helps You Understand Your Rights in the Workplace
Our firm is committed to advocating for employees who have been treated unfairly in the workplace. Speak with a South Jersey discrimination lawyer at The Law Offices of Leo B. Dubler, III, LLC today. Contact us at 856-235-7075 or fill out our online contact form to schedule your free consultation and learn more about the support and service we can provide. With offices in Mount Laurel and Atlantic City, New Jersey, we proudly serve clients in Cherry Hill, Burlington County, Camden County, and South Jersey.