Ageist Comments and Legal Claims

Age discrimination does not get the same public and media attention as racial or sex-based discrimination, despite the fact that it is a violation of one’s legal and employment rights. Unfortunately, it is not uncommon for older employees to be the target of unfair, dismissive, or inappropriate comments based on age-related stereotypes. In fact, according to the World Health Organization (WHO), the workplace is one of the most common places where ageism occurs. This can create a hostile work environment, particularly if the behavior becomes a pattern. If your legal rights have been violated by ageist comments made by your employer, supervisor, or co-worker, it is highly recommended that you contact an experienced discrimination lawyer at your earliest convenience.

What Is Ageism?

“Ageism” refers to how we think, feel, and act toward others based on their age. Oftentimes, this is based on long-standing stereotypes and unfair assumptions about people of a certain age. Ageism in the workplace occurs when an employee is treated unfairly, simply because of their age. While age-related discrimination is much more common among older employees, younger employees can experience ageism as well, although it is referred to as “reverse ageism.” According to the Age Discrimination in Employment Act (ADEA), employers are legally prohibited from limiting, segregating, or classifying an employee in a way that negatively affects their employment due to their age.

How Common Is Ageism in the Workplace?

According to recent reports, the following provides a closer look at the issue of ageism in the workplace:

• Close to 65% of older workers believe that they experience age discrimination, and over 40% report ageism in the workplace.
• The number of employees in the workforce who are 55 and older has been steadily increasing. In 2025, roughly 25% of workers were 55 or older.
• According to an article in Forbes, older entrepreneurs have higher rates of success.
• Over half of small business owners are over the age of 50.
• Age discrimination can cost companies billions of dollars. In 2018, age discrimination against older workers resulted in $850 billion in lost GDP caused by the inability to find work, earn promotions, and other factors.
• Despite the fact that age equity increases employees’ feelings of belonging and productivity, it is not generally included in workplace initiatives.

What Are Examples of Ageism in the Workplace?

In order to address ageism in the workplace, it is important to be able to recognize behaviors, comments, or actions that are considered discriminatory against employees. The following are examples of ageism in the workplace:

• Hiring and promotion bias. This occurs when employers engage in discriminatory behaviors when making employment decisions, including hiring, promoting, and providing access to advancement opportunities.
• Marginalization. This is a discriminatory practice that involves excluding certain employees from meetings, limiting access to valuable opportunities, or denying access to resources that can help advance an employee’s career. Marginalization in the workplace can occur in a number of ways, from assigning tasks that are not challenging or disregarding an employee’s ideas to excluding certain employees from important meetings or placing an employee in roles that do not highlight their strengths.
• Stereotyping. This refers to unfair or prejudiced behaviors, beliefs, and assumptions about an employee based on their age. For example, if an employee in their mid-20s is constantly referred to as the rookie, or other colleagues repeatedly dismiss their ideas or contributions because of their age, this is ageist behavior.
• Fewer training opportunities. Older employees are often overlooked when it comes to training programs. Unfortunately, this perpetuates stereotypes about older workers being slow, resistant to learning new things, or on the verge of retirement. According to the Program for the International Assessment of Adult Competencies (PIAAC), only 24% of adults between the ages of 55 and 65 participate in job-related training, whereas 41% of adults aged 45 to 54 participate in these programs.
• Unequal pay. Oftentimes, an employee’s salary is determined by experience and seniority. As a result, starting salaries and benefits packages are offered to older employees, even if a younger applicant has more experience.
• Microaggressions. While these are often unintentional behaviors or comments, they can make employees feel undervalued, excluded, or harassed. Examples of microaggressions toward older employees include comments like, “Ok, Grandpa!” or “Do you even know how to use Zoom?” Younger employees can also experience microaggressions. For example, employers or co-workers may say things like, “That sounds like a job for the intern,” or “She seems great, but I just cannot take her seriously.”
• Forced retirement. In most cases, forcing an employee to retire because of their age is prohibited by law. Yet, in the United States, over 50% of workers aged 50 or older have been forced to retire before they were ready.
• Negative language. This is similar to microaggressions, although it is more intentional. Even if the person who made the comment was not aware of the impact of their words, there is no denying the fact that the language can be offensive and discriminatory. Examples include referring to an older employee as “senile,” or “ancient,” or a younger employee as “lazy” or “entitled.”
• Lack of career development. In some cases, employers provide more opportunities for career advancement to younger employees and disregard older, more experienced workers. Other employers may provide career development opportunities to older workers, and overlook younger employees who have the potential and desire to learn and grow.
• Rebranding roles. This is a commonly occurring example of ageism. Oftentimes, older employees will be informed that their position is being phased out for economic reasons, only to repost the position and offer it to a younger employee. While the position may be posted under a slightly different title, the younger employer will have the same responsibilities. For example, if an employer informed a 65-year-old employee that her position was being eliminated for economic reasons, but a much younger employee was hired a month later for the same position that the company claimed to have eliminated, this is an example of ageism based on rebranding roles.
• Workload assignments. This is another example of ageism in the workplace. It occurs when older employees are given less challenging tasks or assignments that are simple and tedious, based on the assumption that they are not capable of handling more complex or demanding work. In addition to undermining the skills and experience they have developed over the course of their career, it limits opportunities for professional growth. For example, if an older employee who has a long track record of managing complex, high-profile projects is suddenly given assignments that are routine and do not reflect their years of leadership and experience, this is an example of ageism. If a younger, less experienced employee is put in charge of the assignments that were taken away from the older employee, this highlights the problem even more and perpetuates the stereotype that aging is synonymous with a cognitive decline.
• Exclusion from social activities. Employers often organize events or outings in an effort to promote team bonding. Depending on the time and location of the event, it can make certain employees feel excluded. For example, if the activity is held after work at a bar or nightclub, this can be difficult for an older employee to attend if they have family responsibilities. A younger employee may feel excluded if the activity involves golf outings, a dinner party, or other events that cater to older colleagues.

What Laws Protect Against Age Discrimination?

There are federal and state laws in place that protect employees from age discrimination in the workplace, including the following:

• Age Discrimination in Employment Act of 1967 (ADEA): This is a federal law that protects employees and job applicants who are 40 years of age or older. It prohibits discrimination in hiring, firing, wages, and terms of employment, training, benefits, job assignment, as well as requiring mandatory retirement at a certain age. The ADEA is enforced by the Equal Employment Opportunity Commission (EEOC), and only applies to employers who have a minimum of 20 employees.
• New Jersey Law Against Discrimination (LAD): This applies to almost all employers in New Jersey, regardless of size. It also provides broader protections in that it prohibits employers from discharging, demoting, refusing to hire, or engaging in any other harassing behavior against employees for being too old or too young. This law is enforced by the New Jersey Division on Civil Rights (DCR).

Our Cherry Hill Discrimination Lawyers at The Gold Law Firm P.C. Advocate for Victims of Age Discrimination in the Workplace

If your employer, supervisor, or co-worker has made ageist comments that have violated your legal rights, do not hesitate to contact our Cherry Hill discrimination lawyers at The Gold Law Firm P.C. We will thoroughly review the details of your case, determine who is responsible for making the ageist comments, and assist you with the process of filing a complaint with the appropriate agency. Our dedicated legal team will protect your rights and negotiate the best possible settlement outcome. To schedule a free consultation, call today at 215-569-1999 or contact us online. With office locations in Pennsauken, New Jersey, and Philadelphia, we proudly serve clients throughout the surrounding areas.