Age Discrimination

Examples of Age Discrimination

Your employer forces you to retire before you want to
An employer hires a younger job applicant even though you are more qualified
Your employer declines to promote you because it assumes you’ll be retiring soon
Your boss repeatedly harasses you about when you plan to retire
An employer refuses to hire you because they want someone “more mature”

Your rights against age discrimination

Employees in Iowa who are 18 years and older are protected from discrimination or harassment based on their age.

Federal law and Nebraska law protect older workers, starting at age 40 and older.

Mandatory retirement ages used to be very common. Now they’re mostly illegal. Whether for the money or simply for the satisfaction of working, many people now choose to work beyond age 65.

Employers and coworkers are not always appreciative of the experience and continued contributions of older workers. Although it’s certainly okay to hold senior employees to normal performance standards, critiques that sound like a list of stereotypes are a red flag.

In our youth-oriented culture, the normal aging process sometimes brings with it a loss of confidence. If your employer attacks your performance, don’t just assume they must be right and your skills are fading. Get an honest assessment from family members and coworkers you trust. It may be that the assessment is unfair, is based on stereotypes, or because your boss is intimidated by you.

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Frequently Asked Questions About Age Discrimination

I’ve had a great career at my company, until a year ago when I got a new supervisor. She’s younger than my kids but treats me disrespectfully. After 18 years of great performance reviews, she now says I “need improvement.” She’s criticized me for failing to adapt to change and having poor computer skills, but can’t provide any specific examples. I feel like I’m being set up.

Those kinds of criticisms sound like common stereotypes about older workers. Reach out to us about strategies to help save your job. Or if you’d rather retire or move on to new challenges, we can work to negotiate a severance package that will compensate you for the discrimination.
I work at a restaurant. My manager told a coworker that I was looking old and frumpy. She actually gave me her stylist’s business card and suggested I color my hair to get rid of the grey. I’m no longer scheduled for Friday and Saturday nights, when we earn the biggest tips. Most of the new people she’s hired have been in their 20s and she boasts about bringing in a “younger, livelier” crowd. What can I do to protect myself?

We can help identify who the manager answers to— corporate office, regional manager, or maybe owner. Then we can prepare a written complaint about the apparent age discrimination and see if they make it right.
My employer fired me as part of a reduction in force (RIF). They kept the other two younger men in my department, even though I have objectively better performance and more experience. They said it was because my salary was higher due to my long tenure. Does this mean they’re off the hook?

No. Although there are some federal cases on this issue that are good for employers, Iowa appellate courts have said this looks like age discrimination, because longevity and age are often linked.
Age Discrimination in Johnston Iowa | Fiedler Law Firm, P.L.C.