There are multiple protected characteristics that should not influence employment opportunities. Businesses generally should not consider a worker’s race, religion or sex. Their medical conditions are also typically protected characteristics as long as they can perform the basic functions of the job, possibly with certain accommodations.
Discrimination occurs when employers consider inappropriate factors when making employment decisions. Companies should base staffing decisions on appropriate factors, such as the employment history and education of candidates.
Age discrimination is one of the most common forms of modern workplace discrimination, and it causes challenges for thousands of skilled workers. Not all kinds of age discrimination are actionable, but one particularly pervasive type is often legally actionable.
Age discrimination affects older workers
For the purposes of workplace discrimination, employees generally need to be 40 years old or older to raise claims of employment discrimination. Businesses should not consider a worker’s advanced age when deciding who they hire or terminate. They can screen out younger applicants on the basis of having inadequate experience without that constituting discrimination in most cases.
Age discrimination is more common in certain sectors, including technology and sales professions, than in others. Social stereotypes about the ability to adapt to changing technological systems and judgments about the appearance of older professionals may contribute to this common form of discrimination.
Workers who have other protected characteristics that often inspire discrimination, such as being female in a male-dominated industry, may also be at increased risk of facing workplace age discrimination. They may lose out on opportunities despite having years of relevant experience.
Those who lose their jobs or face significant career setbacks because of their age may have the legal right to hold their employers accountable. Pursuing an age discrimination lawsuit can lead to financial compensation and can also force businesses to adjust their practices regarding older workers.