January 16, 2019

5 Signs of Age Discrimination in the Workplace

Age Discrimination

Age discrimination in the workplace can take many forms. Unfortunately, age discrimination is a pervasive problem, one that can sometimes be difficult to prove. Wisconsin workers who are 40 years of age or older are protected by Federal laws including the Age Discrimination in Employment Act (ADEA) and the Older Worker Benefit Protection Act (OWBPA), as well as state-specific laws under the Wisconsin Fair Employment Act.

If you believe you were the victim of age-related discrimination for a current, former, or prospective employer, a skilled Wisconsin employment law attorney may be able to help fight for justice.

Discrimination Can Be Overt or Subtle; Neither is Legal.

Employment discrimination based on age can include any number of situations, including decisions about hiring, promotion, job assignments, pay, benefits, training, firing, layoffs, and more. Here are five common ways age discrimination comes up in Wisconsin workplace settings:

  1. Comments or Statements About Your Age. Sometimes, managers or supervisors come right out and make disparaging statements about a workers’ or applicants’ age. Whether those statements come during performance reviews, in written communications, in one-on-one or team meetings, or are in the form of jokes, barbs, or offhand remarks, they can be evidence of age discrimination.
  2. Poor Treatment Compared to the Way Younger Workers are Treated. Older workers are sometimes given less-desirable work assignments while younger workers get the better jobs and tasks, even though the older workers are just as qualified to do the work, if not more so.
  3. Offered Early Retirement While Younger Workers are Hired. Companies in any industry can have legitimate needs to downsize their workforce. However, if you were laid off or were offered early retirement in the guise of downsizing but the company was actively hiring younger workers, there may be age discrimination in play.
  4. Skipped Over in Promotion Decisions in Favor of Younger Workers. When managers make decisions about promoting employees, giving arbitrary bonuses, or granting pay raises, those decisions should be based on the workers’ actual ability to do their jobs. Too often, those decisions are made based instead on age. If you were passed over for a promotion you believe you deserved in favor of a younger worker, you may have been the victim of age discrimination.
  5. Negative Performance Reviews Without Cause. Age discrimination can also manifest in your performance reviews. If your employee reviews become overly critical or you simply start receiving negative performance reviews when nothing else has changed, your employer may be discriminating based on your age.

Gingras, Thomsen & Wachs, LLP Helps Wisconsin Victims of Workplace Age Discrimination

If you believe you are currently experiencing age discrimination or have been the victim of age-related discrimination at a Wisconsin workplace, you need a knowledgeable, experienced employment law attorney on your side. The skilled age discrimination attorneys at Gingras, Thomsen & Wachs, LLP work with people across the state, fighting to protect workers’ rights and hold employers accountable.

To learn more and to schedule a free consultation with a GCW employment lawyer, contact us today in Madison, Milwaukee, Waukesha or Eau Claire.

Nationally Recognized Law Firm