What Does Age Discrimination in the Workplace Look Like?

Recognizing the Signs and Knowing Your Rights

Much more than people think, age discrimination at work is prevalent. Although federal and California laws discriminate against people over 40, employers sometimes use the subtle—and not-so-subtle—forms of bias to push older workers out or to prevent them from moving up. Knowing how to spot age discrimination is very important in securing your job, your self-respect, and your legal rights. If you think you have been treated unfairly because of your age, consulting with a Los Angeles age discrimination attorney will clarify your choices. At Remedy Law Group, we assist employees in recognizing illegal treatment and making employers accountable. The following are the commonest signs and behaviors that might signal age discrimination at the workplace.

1. Being Passed Over for Promotions or Opportunities

One of the most frequent forms of age discrimination occurs during promotion decisions. If your employer regularly promotes younger, less-qualified coworkers while telling you that you’re “overqualified,” “not a culture fit,” or “too close to retirement,” those could be coded messages rooted in age bias.

Other red flags include:

• Strategic “restructuring” that eliminates roles primarily held by older employees

• Exclusion from high-visibility projects, management opportunities, or leadership tracks

• Younger employees being chosen for training and development programs while older ones are left out

While employers have discretion in promotion decisions, those decisions cannot be based on age. When patterns form, they may be legally actionable.

2. Encouraging You to Retire or Step Aside

Some employers attempt to push older workers out by suggesting—subtly or bluntly—that they should retire. Comments like:

• “Don’t you want to enjoy retirement soon?”

• “You’ve had a good run; maybe it’s time to let younger people take over.”

• “Are you sure you can keep up with the pace?”

These remarks are inappropriate and can constitute evidence of age-based animus. More aggressive tactics may include reducing your responsibilities, freezing you out of meetings, or cutting hours to make your job unbearable.

A skilled Los Angeles age discrimination lawyer can help you assess whether these actions rise to the level of unlawful discrimination.

3. Harassment or Age-Related Jokes

Age-based harassment doesn’t always look hostile—it often begins with “jokes” that become frequent or uncomfortable. Examples include:

• Calling someone “old-school,” “ancient,” or “over the hill”

• Mocking physical limitations or technology skills

• Making repeated comments about youth being “the future of the company”

Harassment becomes illegal when it is severe or pervasive enough to create a hostile work environment. Many older employees hesitate to report these comments because they fear retaliation or being labeled “sensitive,” but you have the right to a respectful workplace.

If this is happening to you, age discrimination lawyers such as those at Remedy Law Group can explain how harassment laws protect you and what steps you can take.

4. Sudden Changes to Job Assignments or Performance Reviews

Another common pattern occurs when an employer suddenly begins criticizing an older worker's performance despite years of positive evaluations. This may be an attempt to create a paper trail to justify termination.

Warning signs include:

• Being written up for minor or subjective issues

• Receiving unrealistic or inconsistent performance expectations

• Having work reassigned to younger employees

• Being set up to fail through lack of training or support

These tactics are often used when a company wants to push out older employees without explicitly mentioning age.

5. Layoffs That Target Older Employees

Some companies disguise age discrimination by conducting “restructuring” or “downsizing” that disproportionately affects workers over 40. While layoffs are legal in general, employers cannot use them as a pretext for removing older employees.

Suspicious indicators include:

• Older workers make up the majority of those laid off

• Their duties are reassigned to significantly younger employees

• The company soon hires younger workers for similar positions

• Only older employees receive severance packages requiring them to waive claims

These patterns can show discriminatory motives even if the employer claims financial necessity.

6. Age Bias in Hiring Decisions

Age discrimination doesn’t only affect current employees—it also happens during the hiring process. Employers sometimes avoid hiring older applicants because they assume they will demand higher salaries, resist technological changes, or retire soon.

Examples of discriminatory hiring practices include:

• Job postings that seek “digital natives” or “young, energetic teams”

• Interviewers expressing concerns about long-term “fit”

• Asking about retirement plans or age-related health issues

• Rejecting a highly qualified applicant and hiring a younger, less-qualified candidate

If you believe age was a factor in being denied a job, you may have legal grounds to challenge the employer’s decision.

7. Denial of Training or Technology Access

When older employees are excluded from training programs or technological upgrades, workplaces often justify it by saying, “We didn’t think you’d be interested,” or “You’re almost at retirement.” This deprives employees of the tools they need to succeed and may lead to performance issues—issues the employer then uses to justify termination.

Denying access to training based on assumptions about age is discriminatory.

When to Contact a Los Angeles Age Discrimination Lawyer

If you’re experiencing any of the behaviors above, consulting with a Los Angeles age discrimination lawyer can help you determine whether your rights have been violated. At Remedy Law Group, our team of dedicated age discrimination lawyers evaluates cases with compassion, confidentiality, and a deep understanding of California’s employment laws.

We can help you:

• Gather evidence to support your claim

• Understand your legal rights under state and federal law

• File an EEOC or DFEH claim

• Pursue compensation for lost wages, emotional distress, and more

You deserve a workplace free from bias—and you don’t have to face age discrimination alone.