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Age discrimination on the rise? What employers should know: Part 2

On Behalf of | Jan 31, 2025 | employment law

Under federal law, if a worker is 40 or older, they fall into a protected class. These workers have specific legal protections against employment discrimination. Employers and employees alike may know this. Even so, those protections do not keep discrimination from happening – particularly age discrimination.

In 2021, we discussed how this trend was increasing in the workplace. It seems to have become even more prevalent in the last few years. What should California employers consider?

Why is this happening?

AARP reported that nearly 64% of workers over 50 they surveyed witnessed or experienced age discrimination in 2024. There are several likely reasons for the increase of this discrimination, including:

  • Later retirement: Simply put, many people over 50 cannot afford to retire just yet. This could be due to personal or economic factors, but many older individuals continue working. In turn, this leads to an aging workforce.
  • Return to work: On top of that, many retirees are actually returning to the workforce. Some do this for financial reasons, while others might return to work just to fill their time.
  • Generation gaps: As Gen Z enters the workforce, the gap between workers’ ages widens. This is not at all to say younger workers hold responsibility for age discrimination, but the existence of the gap between ages could be a contributing factor.

While employers should be aware of the factors that could cause this discrimination, what they do to handle this trend is what is important.

3 steps employers must take

Employers cannot control every aspect of their business – or their employees. However, they can take matters into their own hands to reduce the risk of discrimination claims arising. It is essential to:

  1. Pay attention. Stay in tune with your employees and the goings on in your company. This can help to ensure a safe and healthy workplace and manage risk preemptively.
  2. Address behaviors promptly. If you receive a report from an employee, take action immediately.
  3. Review your policies. Specifically, take a close look at the hiring procedures and termination policies. Make sure they comply with state and federal employment laws and include terms to help prevent discrimination claims.

Employers are responsible for maintaining the first line of defense against discrimination claims. To build or strengthen that line, it can often help to seek counsel from an experienced employment law attorney.