Age discrimination occurs when an employer treats an employee differently because of their age. Despite what many people assume, age discrimination is more common than they realize. According to a study conducted by the AARP, most Americans over 45 have either experienced age discrimination firsthand or have seen it happen to someone else at work. While signs of age discrimination may be obvious, they can also be subtle and may include fewer opportunities, being passed over for a promotion, or coded comments about “energy” or a “culture fit.”

Importantly, age bias can surface at any stage of the hiring and employment process, including in job postings that suggest a preference for “recent graduates,” or in job interviews, hiring decisions, compensation, performance evaluations, promotions, training opportunities, or termination. Fortunately, federal and state laws exist that protect employees from age discrimination and hold employers accountable when decisions are driven by bias instead of merit.

Understanding the Age Discrimination in Employment Act of 1967

The Age Discrimination in Employment Act (ADEA) was passed in 1967 to protect employees over 40 from age discrimination. Under the Act, an employer cannot terminate an individual’s employment or deny them equal pay or benefits based on their age.

In addition to prohibiting discrimination between employees under 40 and those over 40, the ADEA also prohibits discrimination between older employees. For example, it is against the law for a company to hire a 45-year-old instead of a 55-year-old solely because the 45-year-old is younger.

Connecticut’s Anti-Age Discrimination Laws

While the ADEA only applies to employers with 20 or more employees, Connecticut has its own anti-age discrimination law that applies to employers with 1 or more employees. The Connecticut Fair Employment Practices Act (CFEPA) is more expansive than the ADEA and prohibits discrimination against any employee, regardless of their age, and applies at every stage of employment.

Examples of Age Discrimination

Age discrimination can be direct, such as when a company treats an employee unfairly because of their age. It can also be indirect, such as employment policies that appear neutral but disproportionately impact older workers.

Common examples of age discrimination include:

• Harassment. A boss, supervisor, or coworker who frequently makes comments about your age that can make life difficult or are intended to make you quit
• Lack of promotions. An employee who has been passed over for promotions because of their age
• Hiring decisions. An employee was not hired for a job they are qualified for, possibly because they are “overqualified”
• Discriminatory policies. Employment policies that negatively impact older workers
• Job advertisements. Job listings that include age preferences (unless age is a necessary factor of the job) or use coded language to express a preference for younger candidates
• Favoritism. When older workers are laid off without cause, excluded from meetings or gatherings, or given the worst assignments, leads, or equipment.
• Negative performance reviews. A sudden and unexplained change in performance reviews when the employee has consistently met or exceeded expectations
• Forced retirement. Pressuring an older employee to retire
• Underserved firing. Firing an employee for no apparent reason or for a reason that is not believable, or if the company claims the position no longer exists when job duties are being performed by a younger person

How to Prove Age Discrimination

Providing age discrimination can be challenging. To establish a case of age discrimination, an employee must prove that:

1. They are in a protected class based on age
2. They suffered an adverse employment action
3. They were qualified for the job and met the employer’s legitimate expectations
4. The adverse action occurred under circumstances that supports an inference of age discrimination. This can include evidence that the position remained open or was filled by an individual who was substantially younger

Someone who brings a claim for age discrimination under the ADEA must prove that the adverse employment action would not have occurred “but for” age discrimination. If you suspect you are experiencing age discrimination at your workplace, document what is happening in detail. Gather evidence, write down what occurred and when and where it happened, who was involved, and the names of any witnesses. These notes will help if you decide to file a claim.

How the Connecticut Age Discrimination Lawyers at Madsen, Prestley & Parenteau, LLC Can Help

Filing a legal claim for age discrimination typically begins by filing an administrative complaint with the Connecticut Commission on Human Rights (CHRO) and the federal Equal Employment Opportunity Commission (EEOC). These agencies will investigate the complaint by contacting the employer and other witnesses. Sixty days after filing the complaint, you are allowed to file a claim in federal court under the ADEA. Under Connecticut law, you can file an age discrimination lawsuit after obtaining a release of jurisdiction from the CHRO.

The age discrimination attorneys at Madsen, Prestley & Parenteau can guide you through the process, ensure you meet applicable deadlines, and represent you in administrative proceedings and court hearings. We can help you prove the employer’s conduct was motivated by age, even if the employer denies the claims and insists the adverse employment action occurred because of some other reason.

If an employee prevails on a claim of age discrimination, they can recover damages for lost wages and benefits, in addition to other remedies. Under the federal ADEA, an employee can receive an award of double damages. Under the Connecticut Fair Employment Practices Act, an employee who proves a claim of age discrimination can recover other damages, including damages for emotional distress and punitive damages. To learn how the age discrimination lawyers at Madsen, Prestley & Parenteau, LLC, can assist you, contact us online or call 860-246-2466 to schedule a confidential consultation at our Hartford or New London office.