Age discrimination is a persistent problem in workplaces across industries. Employers may claim they want “fresh energy” or “youthful ideas,” but when promotions are consistently given to younger workers over qualified older staff, it may signal unlawful bias. Phrases like “high-energy millennials” are not harmless—they often reveal discriminatory attitudes about age. If you’ve been overlooked for promotions because of your age, PLBH can help you document the evidence and pursue justice.
What Age Discrimination Looks Like
Age discrimination occurs when an employer treats an employee less favorably because they are 40 or older. In promotion decisions, it may show up as:
- Younger employees advancing despite having less experience or seniority
- Managers making comments about “retiring soon” or “slowing down”
- Promotions tied to stereotypes about energy levels or tech skills
- Sudden changes in performance reviews after an employee reaches a certain age
These patterns can erode morale and create a hostile workplace for older employees.
Legal Protections Against Age Discrimination
Several laws protect workers from unfair treatment based on age:
- Age Discrimination in Employment Act (ADEA): Prohibits discrimination against employees age 40 and older.
- California Fair Employment and Housing Act (FEHA): Offers additional protections against age-based bias in promotions, pay, and job assignments.
- EEOC Guidelines: Clarify that workplace policies cannot disproportionately harm older employees.
When employers promote younger staff while overlooking older workers who are equally or more qualified, they may be violating these laws.
Why Documentation Matters
Age discrimination can be subtle, making it harder to prove without strong evidence. Documentation helps establish patterns that reveal bias. Useful forms of evidence include:
- Promotion Records: Tracking who received promotions, their qualifications, and their ages.
- Performance Reviews: Comparing your documented achievements to those of younger employees who were promoted.
- Workplace Comments: Saving emails or noting remarks that reference “energy,” “fresh ideas,” or assumptions about retirement.
- Witness Testimony: Coworkers may confirm that older employees are being passed over unfairly.
The more detailed your records, the stronger your claim will be.
Steps to Take if You Suspect Age Discrimination
If you believe you’ve been overlooked due to age, you can protect your rights by:
- Keeping a Timeline
Record the dates of promotions, who was selected, and your own qualifications. - Filing an Internal Complaint
Report your concerns to HR or management. Employers are legally required to investigate discrimination claims. - Preserving Evidence
Hold onto performance evaluations, promotion postings, and relevant communications. - Seeking Legal Guidance
An attorney can review your evidence, advise you on filing with the EEOC or California Civil Rights Department, and represent you in a lawsuit if needed.
How PLBH Can Help
At PLBH, we understand the challenges older workers face in proving age discrimination. Our attorneys can:
- Investigate promotion decisions for bias
- Collect statistical and testimonial evidence
- File formal complaints or lawsuits on your behalf
- Pursue compensation for lost wages, benefits, and emotional distress
Promoting Fairness at Work
Every employee deserves the chance to advance based on skill and dedication—not age stereotypes. When companies promote younger workers under the guise of “high energy,” they risk violating anti-discrimination laws and undermining workplace equality.
If you’ve been denied a promotion due to age, don’t stay silent. Call PLBH at (800) 435-7542 today for a free consultation and fight for the fair treatment you deserve.