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A New Generation at Risk of Workplace Age Discrimination


If you are part of the millennial generation, chances are you’ve faced accusations of being “entitled youth” or similar. However, as of the start of 2021, the oldest millennials will begin turning 40. Not only is this generation no longer the “youth of America,” but they are vulnerable to being subjected to age discrimination at work.

Under the Age Discrimination in Employment Act of 1967 (ADEA), employees age 40 and older are protected from employment discrimination based on their age. This includes protection against adverse employment actions based on age, such as:

  • Refusal to hire
  • Refusal of deserved promotions or pay increases
  • Demotion or pay decrease
  • Reduction of hours or less desirable shifts
  • Termination of employment
  • Harassment and a hostile work environment

Some employers seek to keep their workforces on the younger side. This might be to curate an image or keep their payroll lower, among other reasons. However, companies cannot simply terminate employees because they are older in favor of younger and less-qualified employees unless having younger employees is reasonably necessary for the particular job.

In most cases, age discrimination is against the law, and employees age 40 and older have the right to take action. Often, companies will try to mask age discrimination as “budget cuts” or other reasons for layoffs, and proving discrimination can be complicated. Anyone who believes they have experienced discriminatory or harassing conduct due to their age at work should have the right attorney evaluate the situation.

Contact an Employment Lawyer in Oakland and Walnut Creek

At Ratner Molineaux, LLP, we represent employees who experience all types of unlawful discrimination, including age discrimination. If you have concerns and would like to set up an appointment with a Walnut Creek employment attorney, please contact us online or call (925) 332-1444 today.

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