HR Laws that Prevent Ageism in the Workplace: Signs and Solutions

Experience should make an employee or job candidate more valuable, but statistics tell a different story. In a survey conducted by the Society for Human Resource Management (SHRM), 30% of U.S. workers reported experiencing age discrimination in the workplace.¹

Age discrimination in the workplace happens when an employee or job applicant receives unfair treatment based on their age.² This inequitable treatment may relate to any aspect of the person’s employment status, from hiring and firing decisions to job assignments and training availability.

Federal law prohibits this type of discrimination against employees over 40, and many states extend those protections.² However, because age-based discrimination can be difficult to prove, it remains a significant problem for human resources (HR) departments. This post explores how age discrimination manifests in the workplace, the laws that prevent it and what companies can do to mitigate it.

Understanding Ageism in Modern Workplaces

Ageism refers to the myriad ways we think, feel, and act differently toward others because of how old they are.³ It can affect anyone, but some of the most damaging stereotypes affect workers over 40.

According to SHRM data, employees often perceive older workers as stubborn, disagreeable, resistant to change, and less technologically competent.¹ Among 1,003 over-40 workers surveyed by MyPerfectResume, 92% said they had noticed these types of negative perceptions and downplayed their age and experience accordingly.⁴

When an employee withholds their experience and knowledge, it harms their team and the company as a whole. A reported 95% of survey respondents said that age-related stereotypes affect their sense of belonging and inclusion.⁴ According to recent research by McLean & Company, these feelings of non-belonging reduce employees’ engagement and their capacity to manage stress. Morale can suffer dramatically under these conditions.⁵

Age discrimination can even prevent organizations from attracting top talent. According to AARP data, 74% of workers over 50 see their age as a potential barrier to getting a new job, and 42% see it as a major barrier.⁶

These statistics show the impact of age discrimination in the workplace. It affects employees and companies alike and can be illegal in some circumstances under federal employment law.

Examples of Ageism in the Workplace

Negative attitudes toward aging can show up in any workplace interaction. These attitudes are particularly damaging when they limit an employee’s career growth based solely on assumptions about their age rather than on demonstrated competence.

A supervisor might exclude an older employee from a high-visibility project because they assume the older person can’t learn to use the required software. Managers may even pass over older team members for training and professional development opportunities, claiming that younger employees are a better investment.

However, statistics show that the median tenure of workers aged 55 to 64 is nearly three times that of those aged 25 to 34.⁷ Based on these numbers, investing in older workers might yield even greater returns.

Beyond the bias of ageism, age discrimination occurs when actions are taken that disadvantage people due to their age. Employers may discriminate against older workers in hiring, promotion, transfer or compensation decisions. One ResumeBuilder survey showed that one-third of hiring managers are biased against senior candidates, while one-fourth are reluctant to hire Gen Z candidates.⁸ Some employers may even reassign an older employee to a less prominent position or pressure them into early retirement, either explicitly or by creating a hostile work environment.

Other signs of ageism may seem less damaging at first. Coworkers make jokes or comments that don’t necessarily affect employee status, but they create an uncomfortable environment that undermines productivity and professional self-image.

Key HR Laws That Protect Against Age Discrimination

Age discrimination HR laws vary by state, but the federal government has established minimal protections. The key protections come from the Age Discrimination in Employment Act and the Equal Employment Opportunity Commission.

Age Discrimination in Employment Act

The Age Discrimination in Employment Act (ADEA) prohibits age discrimination against workers who are 40 or older. The ADEA does not protect younger workers, but some states have broader protections.² For example, Minnesota has age discrimination protections for workers above 18.⁹ However, under federal law, employers may prefer older workers even if it has an adverse impact on younger workers.

Violations include unfair age-based treatment in any employment-based decision or condition, including:

• Hiring
• Promotions
• Training
• Termination
• Compensation
• Job duties

The ADEA covers companies with 20 or more employees.² However, in some states, age discrimination laws also cover smaller businesses. For example, California’s Fair Employment and Housing Act applies to employers with as few as five employees.¹⁰

The ADEA also makes it unlawful to verbally or non-verbally harass an individual because of their age. Harassment can include actions and statements during one incident or over a series of incidents. For harassment to constitute age discrimination, it must be severe and pervasive from the perspective of a reasonable person. Severe and pervasive harassment creates an intolerable work environment and may expose a company to liability.²

In some narrow circumstances, employers may discriminate against individuals on the basis of age. Often in positions related to safety or security, age can be a bona fide occupational qualification for a job. An employer seeking to use age as a bona fide occupational qualification (BFOQ) must show that age is reasonably necessary to the essence of the business. Providing age as a BFOQ is a high burden, but many kinds of jobs have mandatory retirement ages that do not run afoul of the ADEA. Airline pilots, air traffic controllers, and some law enforcement professionals or public safety professionals may be subject to permissible mandatory retirement ages.

Workers can contact their state’s Fair Employment Practices Agency to learn more.¹¹

Equal Employment Opportunity Commission (EEOC) Enforcement

The U.S. EEOC investigates discrimination claims related to federal protective laws, including the ADEA.10 In 2024, the EEOC received 16,223 charges of age discrimination, a five-year high.¹¹

The EEOC’s Private Sector Enforcement Program uses mediation, settlement proceedings and other legal processes to resolve claims. The mediation program is particularly well publicized, with a satisfaction rate of nearly 97% when last measured.¹² In this program, unbiased mediators work with both parties to determine mutually agreeable settlement terms.¹³

How HR Can Prevent Age Discrimination

Age discrimination in the workplace harms employees, teams and organizations. HR departments must be proactive in preventing this discrimination and the attitudes that lead to it.

The first step is to implement age-neutral hiring practices, such as a standard interview questionnaire for all candidates and eliminating age-coded language from job descriptions. Anti-bias training for decision-makers is also crucial, as hiring managers may not recognize their assumptions about the competence of older or younger workers.

HR departments conduct anti-bias training for non-hiring professionals. Standardized performance evaluations can help by reducing subjectivity in the process. HR departments can also explicitly encourage universal access to training and reskilling and urge supervisors to build teams with members across generations.

Legally, the most important step is ensuring that a company meets the criteria of an equal opportunity employer by following all EEOC and state anti-discrimination guidelines.

Create More Inclusive Workplaces for People of All Ages

Federal and state laws help companies’ HR departments protect the rights of all workers. These anti-bias actions help companies attract and retain qualified employees of all ages.

If you’re passionate about reducing bias in the workplace, an online Master of Jurisprudence (MJ) in Labor and Employment Law can help you find your way to an impactful position. In this flexible online program, you’ll build a legal foundation that prepares you to advocate for inclusivity in higher-level HR roles, with expertise in EEOC compliance, sexual harassment training, and FMLA and ADA laws.

Contact us today to learn more about the degree or admissions requirements for Tulane University Law School’s online MJ programs, or reach out to our admissions team.