Age Discrimination
America's workforce is aging, and age discrimination has risen right along with it — employers have shown bias against workers 40 and older. Federal law (and most states) prohibit it, but proving it can be difficult.
At Business Law Group, our employment law attorney in New Orleans is dedicated to helping clients who've experienced age discrimination through fact-finding, discovery, strategic pleadings, and negotiation. Contact us at (504) 446-6506 to schedule a consultation.
Who's Covered
The Age Discrimination in Employment Act (ADEA) protects workers 40 and older — the age of whoever's doing the discriminating doesn't matter. Most employers are covered, including companies with 20+ employees, employment agencies, labor organizations, and local, state, and federal government employers. ADEA doesn't protect workers under 40, though some states have their own laws that do.
What It Looks Like
Age-Related Jokes or Comments
Occasional remarks aren't enough on their own — but regular, abusive comments can create a hostile work environment.
Passed Over for Promotion
A younger, less qualified employee gets promoted instead of you.
Hiring Only Younger Workers
A consistent pattern of hiring only young employees can itself be evidence.
Unequal Pay
A same-role coworker with similar experience earning more can be a signal worth examining.
Unjust Discipline
Unfair criticism or discipline can be a paper trail built to disguise age bias.
Ads Targeting Younger Workers
Job ads can't show a preference for younger applicants or avoidance of older ones.
Proving It
A prima facie case generally requires showing you're 40+, performing satisfactorily, hit with an adverse action, and passed over in favor of a substantially younger employee treated better. Even then, you still have to show the employer's stated reason is pretext for age bias — these claims typically require real discovery and witness testimony.
What Employers Should Do to Prevent It
Train every employee — including leadership — on what age discrimination looks like. Base rewards on measurable performance rather than arbitrary judgment calls. And put written policies in place covering every stage of employment, such as removing birth dates from documents where they're not required, applying standards evenly, keeping age out of layoff decisions, running annual training, protecting employees who report discrimination from retaliation, and building mentorship programs across age groups.
If You've Been Discriminated Against
- Keep a detailed log — dates, times, locations, names of the person responsible and any witnesses.
- Talk to your manager or supervisor.
- If that doesn't work, report it to HR.
- Contact an attorney who handles age discrimination cases — you'll need to file with the EEOC before any lawsuit.
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Talk to an Employment Law Attorney in New Orleans
If you believe you've experienced age discrimination at work, we can help you understand where you stand and what steps make sense next.
Contact us using our online form or by calling (504) 446-6506 to schedule a consultation.
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