Age discrimination in the workplace occurs when an employer or other employees treat a person negatively because of their age. Technically, the victim can be any age. They could be discriminated against because they are younger than everyone else in the office. However, the Age Discrimination in Employment Act (ADEA) applies to people aged 40 and above.
The issue is widespread, with AARP reporting that 14% of job seekers over age 50 believe they weren’t hired due to their age and 64% believe older workers face discrimination in the workplace in general.
The ADEA protects older employees from termination due to their age. It even covers employees in at-will employment states like Texas, where employers and employers alike can end or alter their working relationship at any time and for any legal reason. You can seek a job in Dallas or Austin without worrying about age discrimination. However, if the employer gives a different reason for firing or not hiring you, it could be complicated to prove age discrimination.
Age discrimination can occur in any industry. However, it is more common in the 10 following sectors.
1. Business
Age discrimination can be a factor in the business world. If you are seeking executive roles in business, age and experience can be an asset. However, some positions, such as chief information officer (CIO) or chief marketing officer (CMO), are usually occupied by younger businesspeople. This trend highlights the impression in business that older employees lack the technical skills and adaptability to thrive in these roles.
In some states, including Colorado, it’s illegal to ask age-related questions when interviewing candidates. The rules go as far as not allowing hiring specialists to ask about college graduation dates on job applications. California, Minnesota, and Pennsylvania have similar laws.
2. Finance
Ageism is common in the finance sector, with many companies seeking to hire tech-savvy younger employees instead of older adults. Employers may believe older individuals lack an understanding of the technology now prevalent in the industry. A 2021 WerkLabs survey found that finance had the highest level of age discrimination, with 85% of workers saying they experienced ageism.
There have been a number of age discrimination lawsuits in finance and banks, with Citigroup and Wells Fargo among the companies that have been to court for workplace age discrimination claims.
3. Technology
The WerkLabs study found that 81% of older tech employees experienced age discrimination. A 2018 ProPublica investigation found that IBM laid off thousands of older workers when downsizing. Facebook and Google have also dealt with age discrimination accusations.
Meanwhile, some tech companies offer professional development for experienced workers. For instance, Intel has a “returnship” program that helps former tech workers get the new skills necessary to succeed in today’s workplaces.
4. Marketing
WerkLabs found that 84% of marketing employees experienced age-related discrimination. As with other sectors, the impression is that older workers do not have experience with new tech and advertising methods, such as the heavy reliance on social media. Companies value familiarity with these methods over overall marketing experience.
The industry is just becoming aware of the issue, which affects a larger portion of the workforce. Advertising workers as young as 30 say they’ve experienced ageism. There are some lawsuits alleging ageism, but they have not yet led to settlements similar to tech and finance sectors.
5. Energy
Ageism can be a problem in the energy sector, where a combination of new technology and physical demands cause some employers to favor young workers. In one example of such a case, a 52-year-old Texas foreman was fired from an energy facility despite decades of experience. He eventually won a lawsuit against his employer.
6. Manual industries
The mix of physical challenges and the increased reliance on tech has made ageism more apparent for people in construction, manufacturing, and other manual trades. In some sectors, such as construction, workers over 40 make up a majority of the workforce.
However, a literature survey in the journal EPiC Series in Built Environment revealed that ageism still influences the industry, citing studies that found that older workers were laid off, passed over for promotions, or denied training opportunities due to their age.
On the other hand, there are jobs in the construction and industrial sectors that do not involve heavy physical labor. For instance, construction inspectors need knowledge and experience but do not have to perform manual labor.
7. Media
Age discrimination is common in the media, with examples extending from television writers to news anchors. One of the largest age discrimination settlements involved more than 6,000 television writers. Studios and networks had a blacklist of writers and would not hire them. Such a list is illegal under the ADEA, and the subsequent lawsuit led to a large settlement. Other lawsuits involved journalists and news anchors, showing how widespread discrimination is in the media industry.
In most of the cases that went to trial, the jury sided with the plaintiffs.
8. Retail
The retail industry favors younger workers for several reasons. In addition to the need to be on their feet during their shifts, retail workers often have to present a certain image to customers. Retailers are perhaps worried that older employees wouldn’t support a youthful or fashionable image.
At least some in the retail sector say older workers can help improve reliability and customer service in an industry that often lacks these qualities.
9. Healthcare
Ageism is prevalent in fields like nursing: 59% of nurses say they didn’t get a promotion or were not hired because of their age. Also, healthcare requires very specialized training. In some instances, older students, such as those who entered medical school later in their careers, may be confronted with age restrictions when applying for school residency, or internship programs.
The Equal Opportunity Employment Commission combined age discrimination suits with other civil rights cases involving race and whistleblower retaliation, essentially classifying ageism as a civil rights violation on par with other more well-known forms of discrimination.
10. Hospitality
Like retail, hotels and restaurants often seek to convey a specific image. This effort extends to their employees. They may not hire or extend the employment of older workers who don’t fit the desired image. Also, these workplaces can be physically demanding and fast-paced. This is especially true of waiter and waitress jobs or kitchen staff positions.
There are some signs of a shift that could see older workers finding more hospitality jobs. According to a report from the National Restaurant Association, the number of restaurant employees over 65 will increase by 6.1 million by 2028, while the 16 to 24 age group will see a drop of 1.2 million. This could be because younger workers aren’t interested in hospitality positions, and older workers will be more available in the coming years as the population ages. Older individuals will be able to take on more responsibility and more senior roles and, like retail, improve the overall level of service.
How to overcome age-related challenges as an older worker
As an older worker, you need to understand how the ADEA protects you. You can also take steps to overcome age-related challenges in the workplace and while seeking a new job. Here are three steps you should consider.
- Professional development: Consider new certifications or courses to learn new skills, such as how to use the latest technology.
- Highlight your experience: Think about how past experience can help you succeed in your current position. Relate this knowledge to what you are doing or the jobs you are seeking.
- Show willingness to adapt: Let supervisors and peers know that you are willing to learn and adopt new processes and technology into your work routine.
Also, consider your assets. You likely have a large network of professional contacts from your previous jobs, professional conferences, or other events. It can pay to maintain these contacts or reconnect with them if you have lost touch. They can offer advice about professional development or job openings.
With an understanding of your rights and professional strengths, you can navigate the workplace as an older worker and feel confident seeking new jobs.
