Legally speaking, age discrimination involves treating an applicant or employee less favorably because of their age. The federal Age Discrimination in Employment Act prohibits such discrimination against people who are 40 and older. This extends to any facet of employment, such as hiring or firing an employee, pay, job assignments, promotions and layoffs, training, benefits or other terms or conditions of the job.
Under federal law it is also unlawful to harass someone because of their age. This includes making offensive or derogatory comments about someone’s age. A simple tease, isolated unserious incident, or offhand comment are not prohibited however. Conduct that is frequent and severe enough to create a hostile work environment is prohibited. Behavior that leads to an adverse employment decision, such as the decision to fire someone, is also prohibited. This law applies to private employers with 20 or more employees, federal, state, and local governments, employment agencies, and labor organizations. California has its own law that deals with age discrimination. In California, the Fair Employment and Housing Act also prohibits employers from discriminating against job seekers age 40 and older.
While the law defines age discrimination in narrower terms, ageism exists outside the workplace in the form of age bias. Age-related bias exists in many Americans’ minds and includes unconscious bias. Unconscious age bias is where we think we treat everyone the same regardless of age, but we allow stereotypes and associations about age creep into and influence our thinking.
Most of us are influenced by stereotypes and associations, even if we may not consciously realize it. Luckily however, there are ways to address one’s unconscious biases. To do this, try to increase your awareness of your thoughts. Slow down to think about your thoughts and what’s going through your mind. If we take the time to look inwards and develop increased awareness about our reactions to others, we can start to recognize and address any unconscious biases we have. Once you recognize your biases, it will be easier to recognize when your bias is creeping in and takes steps to address it. Promoting contact between older and younger people can also help combat negative stereotypes about aging.
To learn more about the Age Discrimination in Employment Act,