In many instances, workers aged 40 and older have workplace protections that shield them from being treated differently because of their age. If you fall into this age group, then your employer can’t demote, reassign, reduce your pay or terminate you simply because you’re older. Of course, employers don’t come out and say that this is the justification for taking an adverse employment action, which means the burden is on you to show that you’ve been treated unfairly. That might seem like a tall order, but there are some concrete steps you can take to better position yourself for legal action. And if you build your case right, you might be able to find accountability, justice and compensation to offset the losses you’ve suffered.
What should you do if you suspect that you’ve been subjected to age discrimination?
You might feel hopeless after suffering an adverse employment decision tied to age discrimination, but there is recourse. This includes doing the following:
- Documenting the discrimination: If you plan on taking legal action for the discrimination to which you’ve been subjected, then you’re going to need evidence to support your claim. One way to ensure that you can accurately recall the discrimination at hand is to carefully detail it shortly after it occurs. Be sure to notate the date and time as well as the circumstances and what, specifically, was said or done that constitutes discrimination. Be as thorough and as detailed here as possible, and take into account common signs of age discrimination, including favoritism shown toward younger employees, exclusion from important gatherings and decision-making opportunities and missed opportunities for advancement due to your employer’s favor of younger workers.
- Talk to witnesses: Age discrimination can be subtle, and you can’t trust a judge or jury to take you at your word when you testify about the discrimination that you’ve experienced. That’s why it’s a good idea to discuss the discrimination with other individuals who may have witnessed it. The more evidence you can present to support your claim, the better. So, be diligent in identifying witnesses and drawing out the information you need from them to build your case.
- Retain communications: After being discriminated against, you should contact your employer’s human resources department to file a complaint. Hopefully that’ll bring the discrimination to a stop and right any wrongs that have occurred. But not all HR representatives are helpful. In fact, they may sweep your concerns under the rug and do little, if anything, to protect you. Make sure you retain communications you have with your employer so that you can highlight their actions or inactions in the aftermath of your complaint. You might also have direct evidence of discrimination from your perpetrator that you can use to build your case. Keep those records, too.
- Avoid minimization and procrastination: In far too many instances of age discrimination, victims minimize what’s been done to them. As a result, they don’t feel justified in taking legal action. Don’t let that happen to you. If you even have an inkling that you’ve been discriminated against, then you should dig deeper into the matter to conduct a thorough evaluation to see if legal action is warranted.
Your employer shouldn’t get away with treating you unfairly because of your age. But to hold them accountable, you need to understand the law and how to apply it to your set of circumstances. We know that can be tough to do when you’re unfamiliar with the nuances of the legal system, but that’s why it’s a good idea to consider seeking out any support that you may need. By doing so, you could give yourself the advantage needed to successfully pursue your age discrimination case