Workers and potential employees in Texas who are older have rights against age discrimination. However, discrimination can sometimes be subtle, which makes it more difficult to know whether or not it is going on. There are certain signs, however, that help determine if someone is being discriminated due to age.
The Equal Employment Opportunity Commission outlines what constitutes age discrimination. It only protects people who are 40 years of age or older, and it covers current and potential employees.
Federal law makes it illegal to victimize an older worker during every step of employment, which includes job assignments, training, promotions, benefits, pay, hiring and firing. It is illegal for supervisors, co-workers and clients to harass based on age, and all employment policies must not negatively impact older employees.
According to AARP, there are some common situations that signal age discrimination may be happing. One is that an older employee gets a job reassignment, especially one that includes less than desirable tasks. This often means the employer wants the worker to quit.
Another sign is culture fit, in which new, younger hires are coming in and older employees are losing jobs. If an older worker is eligible for a raise and does not get one, but a younger worker who does comparable work does, this may be another sign. Sudden, bad reviews is also suspicious, and it often occurs when a new boss takes over.
Workers should be wary when an employer begins to make comments about age or asks about retirement. If this occurs, it is a good idea to have a witness to the conversation and to send an email that reiterates no plans to retire.