Age discrimination in the workplace is an unfortunate reality for many employees. Despite years of experience, dedication, and valuable contributions, workers often face unfair treatment, bias, or outright discrimination. In Massachusetts, both state and federal laws offer strong protections against age-based workplace discrimination. Understanding these laws, recognizing discrimination, and knowing your rights are essential to protecting yourself.

What Is Age Discrimination?

Age discrimination occurs when an employee or job applicant is treated unfavorably because of their age. While it can affect workers of all ages, legal protections specifically focus on individuals who are 40 years or older.

Examples of age discrimination include (but are not limited to):

  • Passing over a qualified older worker for a promotion in favor of a younger colleague.
  • Making inappropriate comments or jokes about an employee’s age.
  • Laying off older employees disproportionately compared to younger employees during a company restructuring.
  • Refusing to hire an applicant solely based on assumptions about their age or ability to perform.
  • Denying older employees access to professional development opportunities.

Federal and State Protections Against Age Discrimination

The Age Discrimination in Employment Act (ADEA)

At the federal level, the Age Discrimination in Employment Act (ADEA) protects workers 40 and older from discrimination in employment decisions, including hiring, firing, promotions, work assignments, benefits eligibility, layoffs, compensation, and training. The ADEA applies to employers with 20 or more employees.  The law also makes it illegal to retaliate against employees who report or oppose age discrimination.

Massachusetts State Law

In addition to federal protections, Massachusetts provides broader protections under Chapter 151B of the Massachusetts General Laws. This law:

  • Prohibits discrimination against workers based on age (40+).
  • Applies to employers with 6 or more employees, offering a wider reach than the ADEA.
  • Makes it illegal to retaliate against employees who report or oppose age discrimination.

These state protections are enforced by the Massachusetts Commission Against Discrimination (MCAD), the state agency responsible for investigating and resolving discrimination claims.  Claimants also have the option to remove their MCAD case to Superior Court.

Recognizing Signs of Age Discrimination

Age discrimination can sometimes be subtle, making it challenging to identify. Common signs include:

  1. Negative Comments About Age: Remarks such as, “You’re too old to understand this new technology” or “We need someone with more energy for this role.”
  2. Hiring Bias: Employers prioritizing younger candidates over equally or more qualified older applicants.
  3. Unfair Performance Reviews: Older workers receiving unjustified negative feedback or being held to different standards.
  4. Promotion or Training Denials: Employers overlooking older employees for growth opportunities.
  5. Forced Retirement or Layoffs: Companies pushing older employees to retire early or targeting them in layoffs.

Steps to Take If You Experience Age Discrimination

If you believe you’re experiencing age discrimination in the workplace, taking action is critical. Here’s what you can do:

Document Everything

  • Keep a record of discriminatory comments, actions, or decisions.
  • Save emails, performance reviews, and other relevant documents.

Consider Reporting the Discrimination

  • Follow your company’s procedures for reporting discrimination. This often involves speaking with HR or filing a formal complaint.

Consider Filing a Complaint with the MCAD

  • In Massachusetts, you can file a complaint with MCAD within 300 days of the discriminatory act. The MCAD investigates claims and can help you pursue a resolution.

Seek Legal Guidance

  • An experienced employment law attorney can help you navigate the process, understand your rights, and take legal action if necessary.

Waiver of Age Discrimination Rights

Your employer may ask you to waive your rights under the ADEA in order to receive severance or other benefits.  Federal law has specific requirements for waiver of these claims.  Agreements that attempt to waive age discrimination claims may or may not be enforceable, depending on how they are drafted.

Why Age Discrimination Matters

Age discrimination not only harms individuals but also affects workplaces as a whole. Older employees bring decades of experience, institutional knowledge, and mentorship to teams. Discrimination based on outdated stereotypes or biases deprives companies of these valuable contributions.

How Greene and Hafer Can Help

At Greene and Hafer, we understand the challenges workers face when dealing with age discrimination. Our experienced employment law attorneys are committed to protecting your rights and holding employers accountable. Whether you need help filing a complaint, negotiating a settlement, or pursuing litigation, we are here to support you every step of the way.

If you’re experiencing age discrimination in the workplace, contact Greene and Hafer today for a consultation. Together, we’ll fight for the fair treatment and respect you deserve. To schedule an appointment with an experienced, lawyer, contact our office.