Question

How can I recognize age discrimination in a Minnesota workplace?

Beth E. Bertelson - Employment Litigation - Super Lawyers

Answered by: Beth E. Bertelson

Bertelson Law Offices, P.A.
Minneapolis, MN
Phone: 612-278-9832
Fax: 612-340-0190

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Answer

As a skilled older worker, you may find yourself being treated differently than your younger colleagues.  Employers often treat successful older workers in a biased and unfair manner.  Recognizing age discrimination is important.  However, the signs of age discrimination are not always obvious.  Speaking to an experienced employment law attorney can be helpful.

The Signs Are Not Always Obvious

Employers may favor younger workers because they wrongly assume they are more adaptable to technology and will work for less money. However, these assumptions are often false and fail to consider the specific older employees abilities. 

Management may not tell a person that they are “too old.” Instead, the signs of discrimination are subtler.

Finding signs of age discrimination requires a skilled attorney to make comparisons between how you and other employees in a similar position are treated. Employers may present business reasons for what is happening to you, but by taking a complete review of your case, we are able to spot the reasons that do not make sense and could be averse to you.

Signs that could indicate age discrimination include:

  • Employee evaluations that factor in “potential,” “energy” or “growth.”
  • Poor performance reviews that follow a pattern of good performance.
  • Moved to a position for which did not receive training.
  • Failing to explain why you were laid off.
  • Restricting access to benefits.
  • Language in job post listings that favors recent college graduates.
  • Drastically different goals for employees of different ages in the same position.
  • Different training opportunities for employees in the same position.
  • Comments made by management related to age, appearance or youth.

Employees age 40 and older are protected under the Age Discrimination in Employment Act of 1967 (ADEA).

Under the ADEA, Older Workers Benefit Protection Act and Minnesota Human Rights Act, your attorney can help you pursue compensation for the following losses:

  • Backpay, anticipated wages and benefits
  • Liquated damages
  • Attorney costs
  • Emotional distress

Experiencing age discrimination in the workplace can be a confusing and stressful time in your career. However, with the right information and resources, Bertelson Law Offices, PA can help you recognize signs of age discrimination and what can be done about it.

 If you believe that you have been the target of age discrimination in the workplace, feel free to contact Bertelson Law Offices, P.A. at 612-278-9832, [email protected] and [email protected]

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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