It’s unlawful to be treated unfavorably at work based on your age. The federal Age Discrimination in Employment Act (ADEA) protects applicants and employees aged 40 or older from discrimination.
Here is what age discrimination in the workplace looks like:
Discriminative job posts
Some employers advertise job openings using language that discourages older people from applying. It’s discriminatory to use phrases like young, fresh, college student, tech-savvy, boy, girl, recent college graduate and other words of a similar nature because they express a preference for applicants of a particular age.
However, an employer may specify age or range of ages in a job advert if there is a bona fide occupational qualification (BFOQ) for a position. For example, if an age requirement is specified by law, rule or regulation.
Hawaii prohibits newspapers and other publications published within the state from posting job adverts that may express a preference for applicants of a particular age unless the newspaper or publication obtains approval from the state stating the age requirement is a BFOQ.
Dirsciminative questions
An employer is prohibited from asking questions related to an applicant’s age. For instance, asking about their date of birth. Nonetheless, an employer may inquire if an applicant meets the minimum age to work. Besides, upon hiring, an employer may ask about an employee’s age only when such inquiry serves legitimate record-keeping purposes.
Offensive remarks
It’s unlawful for an employer and colleagues to make offensive or derogatory comments about one’s age. Simple teasing may not be unlawful, but an employee should be concerned when the behavior is so severe, creating a hostile work environment.
Making decisions based on age
Employers are prohibited from making work-related decisions, including hiring, promoting, distributing duties, paying, and terminating, based on age only.
Age discrimination can happen at any stage of employment. If you have experienced it, learn more about how to fight for your rights.