Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Five Tips for Preventing Age Discrimination in the Workplace

Author: Scarinci Hollenbeck, LLC

Date: August 9, 2018

Key Contacts

Back

Due to its Widespread Prevalence, Preventing Age Discrimination in the Workplace is Important for Businesses to Take Seriously

Ageism is a “silent, open secret in too many of our workplaces,” according to Victoria Lipnic, acting chair of the Equal Employment Opportunity Commission (EEOC). Lipnic’s comments come on the heels of the EEOC’s new report, The State of Age Discrimination and Older Workers in the U.S.

5 Tips for Preventing Age Discrimination in the Workplace
Photo courtesy of Huy Phan (Unsplash.com)

As the EEOC report highlights, older workers will represent a large segment of the country’s workforce for the foreseeable future. “Don’t get caught up on the 10,000 boomers retiring a day statistic,” Lipnic said at the agency’s EXCEL Training Conference. She noted that many boomers are not financially ready to or interested in retiring, which means that they will remain in the workplace. At the same time, older members of Generation X are now reaching their 50s.

According to the Bureau of Labor Statistics (BLS), the oldest segments of the workforce —those ages 65 to 74 and 75 and older — are expected to increase the fastest through 2024. This oldest cohort of workers of age 65+ workers is projected to grow by 75 percent by 2050, while the group of workers age 25 to 54 is only expected to grow by 2 percent over this same period.

Understanding the Age Discrimination in Employment Act

The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older. The federal employment law specifically prohibits discrimination in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, benefits, and any other term or condition of employment.

An employment policy or practice that applies to everyone, regardless of age, can be illegal if it has a negative impact on applicants or employees age 40 or older and is not based on a reasonable factor other than age. Accordingly, to avoid running afoul of the ADEA, employers must work to ensure that they are making decisions based on abilities, not age.

Prevalence of Ageism in the Workplace

More than 6 in 10 workers age 45 and older say they have seen or experienced age discrimination in the workplace, according to a 2017 survey cited in the EEOC report. Of those, 90 percent say it is somewhat or very common. In another survey in 2015, more than 3 of 4 older workers said their age was an obstacle to finding a job.

In total, 18,376 ADEA charges were filed with the EEOC in fiscal year 2017. Unlawful discharge is the most common practice asserted in ADEA charges filed with the EEOC. In fiscal year 2017, 55 percent of ADEA charges alleged discriminatory discharge.

As highlighted by a study at the University of California at Irvine and Tulane University, age discrimination also often impacts hiring. Researchers submitted 40,000 fake job applications that included signals regarding the ages of the applicants and then analyzed the response rates. Overall, applicants age 49-51 applying for administrative positions had a callback rate 29 percent lower than younger workers. For workers over age 64, the response rate was 47 percent lower.

Best Practices for Preventing Age Discrimination

Age discrimination is prevalent largely because employers don’t recognize it as a problem in their workplaces until they face legal action. Below are several best practices that can help employers avoid ADEA liability:

  • Workplace culture: As highlighted by the EEOC, culture is especially important with respect to age discrimination that often arises from an unconscious application or stereotyped notion of ability. The leadership of an organization plays a critical role in creating and fostering a culture that is committed to a diverse multi-generational workplace.
  • Reject stereotypes: Employers can also help prevent age discrimination in the workplace by recognizing and rejecting stereotypes, assumptions, and remarks about age and older workers just as they reject such stereotypes, assumptions and remarks about someone’s sex, race, disability, national origin, or religion.
  • Foster age diversity: Employers should consider including age in their diversity and inclusion efforts. In addition to lowering the risk of an ADEA lawsuit, it can also boost your bottom line. Research demonstrates that age diversity can improve organizational performance and lower employee turnover. For instance, studies have found that mixed-age work teams result in higher productivity for both older and younger workers
  • Hiring strategies: Recruitment practices can avoid age bias by seeking workers of all ages and not limiting qualifications based on age or years of experience. The EEOC advises that applications, whether online or paper, should not ask date of birth or other age-related questions, just as they should not ask an applicant to identify her race or sex. Training interviewers how to frame age-neutral questions and using a standard or structured process can also help avoid age bias throughout the interview process
  • Retaining Older Workers: Workers age 50 and older have the highest levels of engagement in the workplace and are among the most productive. Effective retention strategies decrease unexpected turnover costs and loss of institutional knowledge, while also increasing engagement and productivity. The EEOC recommends providing career counseling, training and development opportunities to workers at all ages and at all stages of their careers. Mixed-age and reverse-age mentoring can increase worker productivity and satisfaction.

As with any employment issue, the key is to be proactive. To discuss how to deter age discrimination in your workplace, we encourage you to contact one of our experienced employment attorneys who can work with you to create and implement a comprehensive anti-discrimination policy.

If you have questions, please contact us

If you have any questions or if you would like to discuss the matter further, please contact me, Jorge R. de Armas or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
New York NDA Requirements for Businesses post image

New York NDA Requirements for Businesses

Non-disclosure agreements (NDAs) remain a critical tool for protecting sensitive business information. However, New York NDA requirements have evolved, and businesses must ensure these agreements are carefully drafted to remain enforceable. In a competitive market like New York City, NDAs are commonly used to protect proprietary information, client relationships, and strategic plans. At the same […]

Author: Dan Brecher

Link to post with title - "New York NDA Requirements for Businesses"
New Jersey Will Contest Grounds Explained post image

New Jersey Will Contest Grounds Explained

How Courts Evaluate Testamentary Capacity and Undue Influence Will contests in New Jersey are difficult to win, given the strong presumption that a properly executed will reflects the testator’s intent. However, challenges based on lack of testamentary capacity and undue influence remain common, particularly where there are concerns about mental capacity or the involvement of […]

Author: Marc J. Comer

Link to post with title - "New Jersey Will Contest Grounds Explained"
Legal Issues Before Bringing on Investors post image

Legal Issues Before Bringing on Investors

Bringing on outside investors can provide the capital and strategic support a business needs to grow. However, raising capital also introduces important legal, financial, and operational considerations. Before bringing on investors, businesses should address key legal issues to reduce risk, streamline investor due diligence, and position the company for long-term success. Early preparation signals that […]

Author: Dan Brecher

Link to post with title - "Legal Issues Before Bringing on Investors"
SECURE 2.0 RMD Planning Strategies post image

SECURE 2.0 RMD Planning Strategies

How the Updated Law Shapes Retirement and Estate Planning The SECURE 2.0 Act of 2022 materially reshapes the required minimum distribution (RMD) landscape, extending tax deferral opportunities while accelerating distribution requirements for many beneficiaries. For high-net-worth individuals and families, these changes are not merely technical. They require a reassessment of retirement income strategies, beneficiary planning, […]

Author: Marc J. Comer

Link to post with title - "SECURE 2.0 RMD Planning Strategies"
Buying Commercial Property in New Jersey: Legal Guide for Small Businesses post image

Buying Commercial Property in New Jersey: Legal Guide for Small Businesses

Small businesses considering buying commercial property in New Jersey must evaluate a range of legal, financial, and operational factors. While ownership can offer long-term value and control, it also introduces significant risks if not properly structured. This guide outlines key considerations to help New Jersey business owners make informed decisions, minimize legal exposure, and successfully […]

Author: Robert L. Baker, Jr.

Link to post with title - "Buying Commercial Property in New Jersey: Legal Guide for Small Businesses"
The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities post image

The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities

On January 28, 2026, staff of the U.S. Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets issued a joint statement clarifying how existing federal securities laws apply to tokenized securities. The SEC’s “Statement on Tokenized Securities” does not establish new law, but it does provide greater clarity on the […]

Author: Dan Brecher

Link to post with title - "The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!