With more and more older employees staying in or returning to the workforce after their traditional “retirement age,” claims of age discrimination have steadily increased over the past 10 years. According to the Equal Employment Opportunity Commission, out of 88,531 total charges of discrimination filed in fiscal year 2024, 16,223 (or over 18%) concerned age discrimination.
Despite its prevalence, age discrimination can take many forms, so it can be difficult to determine whether a particular action is the result of age discrimination. How do you know if you are being discriminated against because of your age? The Connecticut age discrimination lawyers at Garrison Law are here to help.
For nearly 50 years, we have represented hundreds of victims of age bias in the workplace. Our recent results in age discrimination cases include a $3.5 million settlement on behalf of a high-level Fortune 100 executive and a $2 million settlement on behalf of a physician-leader at a prominent Connecticut hospital. We have also partnered with AARP Foundation Litigation to advocate on behalf of older workers.
Age Discrimination in the Workplace
Under the Age Discrimination in Employment Act of 1967, it is illegal to discriminate against workers over the age of 40 in any stage of their employment. This includes hiring, promotions, raises, and layoffs. So you cannot be denied a job because you are older; you cannot be passed over for promotion because you are older; and you cannot be terminated or selected for layoff because you are older. (Although federal law does not protect younger workers from age discrimination, Connecticut law does.)
Proving Ageism in the Workplace
According to the U.S. Department of Labor Bureau of Labor Statistics, 40 percent of American workers are 55 years old or older. This means more and more employees are staying in or returning to the workforce. This also means the opportunities for age discrimination have increased.
Although 64 percent of American workers say they have either seen or experienced some type of age discrimination in the workplace, it can be challenging to prove. However, there are some common signs of ageism in the workplace.
Common Age Discrimination Scenarios
Have any of these scenarios happened to you?
- You lost your job and were replaced by a younger worker.
- You were laid off in a mass layoff or large-scale reduction-in-force, and most of the people selected seemed to be older workers.
- Your job application was rejected for a position you were qualified for because you were “too experienced” or “overqualified.”
- Your main job duties have been reassigned to someone who has a “longer runway” in front of them.
- Your supervisor tells you that you aren’t “flexible enough” to learn a new skill, especially one that’s commonly associated with a younger generation.
- Your performance reviews have declined precipitously after you turned a certain age.
- Your bosses or your colleagues have made derogatory comments about your age, saying that you’re “over the hill” or “should think about retirement” or that they’re looking for some “new blood.”
- You are repeatedly asked when you are going to retire.
If so, you may have experienced age discrimination.
When Is Age Discrimination Legal?
Although it may sound unbelievable, there are actually situations where someone’s age can be lawfully considered in an employment decision. These situations include:
1. Bona Fide Occupational Qualification (BFOQ): Employers may legally consider age if it is a bona fide occupational qualification (BFOQ). This means that age is reasonably necessary to the normal operation of the business. For example, a mandatory retirement age for airline pilots is allowed because safety concerns are tied to age-related physical and cognitive abilities.
2. Reasonable Factors Other Than Age (RFOA): Under the Age Discrimination in Employment Act (ADEA), employers can make choices that mainly impact older workers without necessarily engaging in age discrimination. For example, a company might cut costs by removing higher-paid jobs, which could disproportionately affect older workers, but that’s not illegal as long as the choice is not based on age.
3. Senior Executives and High-Policy Makers: Employers can require retirement at age 65 for some high-level executives or policymakers, if other criteria are satisfied.
4. Voluntary Early Retirement Incentives: Employers can offer voluntary early retirement packages to older employees. These programs may be legal as long as they are truly voluntary and do not coerce employees into retiring.
Keep in mind, though, that each of these situations is narrow, and employers must meet specific legal criteria to qualify for them.
What Steps Should You Take to Pursue an Age Discrimination Lawsuit?
If you believe you are experiencing discrimination because of your age, speak with an experienced Connecticut employment lawyer right away. Do not wait until you are terminated. Some of the most valuable advice we provide is to workers who are fighting to keep their jobs.
The Connecticut age discrimination lawyers at Garrison Law have been protecting the rights of older employees for nearly 50 years. We have been recognized by our peers and a number of legal organizations for our top-notch legal skills. Our lawyers work as a team to give you the best possible representation. We have taken on almost every large employer in the state of Connecticut, and we are not afraid to stand up for your rights.
If you believe you are a victim of age discrimination at work in Connecticut, please contact Garrison Law now for a confidential evaluation of your case.
