Workplace Age Bias: Pernicious, Often Subtle and Circumstantial

It lives.

And it reportedly thrives, despite state and federal prohibitions against it.

Today’s blog post spotlights workplace age discrimination, a seemingly intractable on-the-job scourge that adversely affects a singular demographic in Connecticut and everywhere else across the country.

That is the 40-and-over crowd, a population that first gained some statutory protection against age bias slightly more than half a century ago. The federal Age Discrimination in Employment Act was enacted back in 1967, providing many American employees with some anti-discrimination ammunition against unlawful workplace behaviors.

As a recent article on the ADEA and work-linked age bias notes, though, “the act was weakened in 2009 by a 2009 Supreme Court decision.”

That ruling imposes a higher proof bar on workers alleging age discrimination than is required to establish bias concerning other protected categories such as race, gender and religion.

What that means in a practical sense is that a worker alleging work-related age bias in Connecticut or elsewhere might reasonably want to timely confer with a seasoned legal team of employment law attorneys. In some instances, a claim can broadly apply to multiple employees, entitling it to class action status and a remedy that can both provide personal damages and help deter similar conduct against many other workers in the future.

The above-cited article notes that age bias “can take subtle forms” and is often “based on circumstantial evidence.” Proven legal counsel can closely investigate a workplace bias claim and a company’s response to it, helping to spotlight discrimination when it exists and secure an affected worker’s entitlement to a meaningful remedy.