Over the years, the number of baby boomers in the workforce has only increased, since more and more of them are putting off retirement. According to CNBC, workers over 65 are the fastest-growing group in the workforce.

However, the increase of baby boomers in the workplace also seems to be increasing the incidences of age discrimination. It might be more common, and yet age discrimination is notoriously difficult to prove.

What are the signs of age discrimination?

The first step to proving one suffered age discrimination in the workplace is recognizing the signs of it. Some of the most common signs of age discrimination in the workplace include:

  • Comments about one’s age or retirement from supervisors or employers;
  • Reassignments to unpleasant jobs;
  • Neglect to offer the employee a raise;
  • Negative performance reviews that do not match their work; and
  • Termination from their position.

However, it is important to note that discriminatory actions might be more subtle than those listed.

Understanding these signs is critical for all Texas workers over 40 protected by the Age Discrimination in Employment Act (ADEA). It is helpful for employees to keep a detailed record of these comments or incidents, so they have the evidence they need to file a discrimination claim.

What do workers need to prove age discrimination?

Maintaining a record of the discriminatory actions one experiences in the workplace is essential because employees pursuing an age discrimination claim generally have to prove:

  • That they are over the age of 40;
  • That they have the necessary qualifications to complete the job; and
  • They experienced adverse actions from their employer related to their age.

Proving the first two factors may not be difficult, but proving the discrimination related to a worker’s age can be a challenge. Employers often deny the discrimination occurred to discredit the employee’s claims and avoid penalties.

In these cases, it is often helpful to consult an experienced employment law attorney, so individuals can protect their rights and stand up to discrimination effectively.