Texas holds the unfortunate distinction of topping the list among the top 10 states with the highest rate of age-based discrimination in the workplace, according to a recent survey analyzed by employment law attorneys at Eldessouky Law.
The findings reveal that Texas ranks as the state with the highest number of age-based discrimination charges, with a total of 1,273 charges filed in 2022. However, there’s a glimmer of hope as the survey also indicates a 36% decrease in the number of charges filed since 2012.
According to an AARP report, approximately two-thirds of adults over 50 believe that older workers face discrimination in the workplace, with a staggering 90% of them believing that ageism is commonplace.
For aging workers, the consequences of age-based discrimination can be swift and devastating, ranging from negative evaluations and layoff threats to demotions and pay cuts, all occurring during what should be their peak earning years in their 40s and early 50s.
Despite significant shifts in the labor market landscape, our attitudes toward ageism have yet to catch up. Age discrimination often manifests in various ways, such as job ads seeking “digital natives” or applications requesting graduation years.
In the office environment, ageism can be observed in subtle yet insidious ways, such as younger colleagues making jokes that mock older people, the organization, or the gradual reduction of older workers’ duties.
Texas law currently only addresses age discrimination against individuals aged 40 and above, leaving younger workers vulnerable to age-based discrimination without legal recourse. This legal gap means an employer can discriminate against someone under 40 without violating the law, potentially leaving younger job applicants or employees unprotected against age-based discrimination.
Due to age discrimination, certain job applicants may find breaking past the “gray ceiling” challenging. This phrase alludes to the obstacle many senior citizens encounter when applying for jobs. Employers and recruiters frequently refuse to consider older candidates, even when candidates over 40 offer experience and knowledge to a position.
On X, formerly known as Twitter, users expressed their concerns regarding age-based discrimination in the workplace.
One user said, “Boomers faced age discrimination in their 50’s. Not just AI, but all technology and a culture shift where no employee or employer loyalty exists, younger gens will face age discrimination in their late 30s and 40s.”
At the same time, another said, “You have to have meaningful work for people to do. Most places do not desire to hire older people for many jobs. Age discrimination is rampant. Also, how much is enough? If one desires to work, one thing, if one desires to rest, one should have that option.”
Another said, “Age discrimination is NEVER discussed (only women, Blacks and handicaps discrimination are ever discussed). At least at age 64, social security provides a little safety net to help those through a time when nobody is likely to hire you.”
Here are five more signs to spot age discrimination in your workplace
Ageist recruitment
An ageist hiring process gives preference to younger applicants. Job postings may include disincentives for older candidates or include standards that skew in favor of recent graduates.
Turned down for promotions
Your case for age discrimination will gain significant traction if you can demonstrate a pattern of older workers being passed over for promotions that generally go to younger workers without proof that the decisions were made based on merit.
Encouraged to retire
For the most part, employees find it difficult to decline these retirement packages. Furthermore, there is no guarantee that the employer won’t terminate an employee even if they decline a retirement package and the chance to retire.
Feeling isolated
Do you feel you are being sidelined, neglected at work, prevented from participating in initiatives, or excluded from meetings?
Eliminated position
Age discrimination may occur if an employer informs you that your job is being removed but later employs a younger worker to perform the same duties as you under a different title.
