Discrimination Against Young Workers in the Workplace

Age discrimination isn't just a problem for senior citizens. Growing numbers of young workers say that they've been penalized at work because of their youth. Federal laws such as the Age Discrimination Employment Act (ADEA) focus on discrimination against older workers, but some states allow younger employees to sue for discrimination as well.

Identification

• Age discrimination occurs when an otherwise qualified worker is denied a job, a promotion or another work benefit solely because of their age. It doesn't include cases where age might be a valid consideration. Police forces can take age into account, for instance.

History

• The federal government passed ADEA in 1965 to protect workers over 40 against age discrimination. In 2005, the Supreme Court ruled that older workers didn't have to prove that their employer had deliberately discriminated against them, only that company policy affected them unfairly. The issue of discrimination against younger workers is relatively new, and there's relatively little case law, though workers have been filing lawsuits since the 1990s.

Considerations

• There are a number of reasons younger workers feel discriminated against. The tight economy has made the job market tougher, and with retirement age higher than it used to be, greater numbers of older workers are keeping their jobs, reducing openings, according to the USA Today. Younger workers say they're also handicapped by the perception that they're not as hard-working or as loyal to their employers as older workers.

Geography

• Some states, such as Alaska, Florida and Maine, have anti-discrimination laws that protect employees of any age; other states protect employees 18 and older, reports the USA Today. The New Jersey Supreme Court ruled in 1999 that a 25-year-old who believed he'd been fired because of his age could sue his employer for age discrimination; the case was settled before it went to trial.

Effects

• If state law doesn't empower younger workers to sue, employees who believe their company discriminates against them may simply quit for a better job. This can be costly because the company will have to take the time and expense to hire and retrain a new worker for the same position.

Warning

• Younger employees are protected against race, religion and gender discrimination, and against sexual harassment. Teenage workers often become targets for harassment or discrimination because they don't know their rights, but they have the same legal protection as older workers.