7 Examples of Ageism in the Workplace

How to spot age discrimination at work

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Kenneth Terrell and Bruce Horovitz,

Updated September 18, 2025

AARP

En español

Published October 21, 2015

/ Updated September 18, 2025

Age discrimination remains common as older adults continue to work later in life. According to a survey from AARP Research, 64 percent of workers 50 and up say older adults face age discrimination in the workplace. But sometimes it's not clear what types of comments or actions qualify as discrimination. The following seven examples have often been used in lawsuits as evidence of potential age discrimination.

1. Older workers are fired or offered buyouts, and younger ones are hired.

One common term employers use in hiring and firing decisions is “culture fit.” What it often really means is that a company might prefer to hire younger workers who may be less expensive and are about the same age with the same mindset as the rest of the staff, says Karen Southall Watts, an educator and career coach. “When a company hires 30 versions of the same person over and over again, I find this a big red flag.”

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In one recent lawsuit, a 59-year-old general manager for a Chili’s restaurant was fired and replaced with a 33-year-old with no managerial experience. The company alleged that the former manager was not “living the Chili’s way,” but, in June 2025, the U.S. Court of Appeals for the Sixth Circuit ruled in favor of the older worker (though the case is ongoing).

2. You are reassigned to unpleasant duties.

Job reassignment can be the clearest sign that an employer is trying to replace you or get you to quit, says Suzanne Lucas, a human resources expert who writes about the workplace issues at EvilHRLady.org. How to avoid this? “As you get older, what you need to be careful about is to be continually growing and improving on the job,” she says.

In November 2023, a California appeals court ruled in favor of a 59-year-old health care services worker who sued for age discrimination after he was moved to a smaller office, lost his staff and had his pay cut by $20,000.

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3. You hear tacky comments about your age.

If your boss has asked you, even in a friendly way, “Say, when are you going to retire?” — that’s a strong sign that it’s on the boss’s mind, says Laurie McCann, a former senior attorney at AARP Foundation Litigation. Prepare a savvy response that protects you and your job, advises Jane Rasmussen, an employment law attorney in Fairfax, Virginia. Be clear if you have no plans to retire soon and intend to work there for a long time. If you can grab a friendly coworker to witness the conversation, that can be helpful in case the issue evolves into a lawsuit. Send an email to your boss that summarizes the conversation the two of you had about your “retirement” and remind the boss you have no such plans.

Other comments could range from remarks about a recent birthday you celebrated to a skill you may lack with newer technologies. Regardless of what was said or how it may have been meant, be sure to document the experience and who else was there in case you need evidence for human resources or a possible lawsuit.

You should also be alert for coded language such as “tech savvy,” “digital native,” “new blood” or “high energy” in job postings or other communications. Research has shown that terms like these can deter older workers from seeking career opportunities.

4. You stop getting raises.

This can be tricky, McCann says. If your younger coworker who had a stellar year gets a raise, but you had a so-so year and did not get one, that is not age discrimination, she says. But if you had a good year and still get coal in your stocking instead of a raise, that may be discrimination — unless you’re already at the top of the pay scale.

Consider discussing your salary, raises or bonuses with your coworkers or people in your profession who work for other employers. While the topic can still be uncomfortable, it’s becoming less taboo. The information can help you better understand whether you're receiving fair compensation.

5. Your performance reviews tank.

This is particularly common when a company gets a new CEO, or when you get a new (often younger) boss who decides it’s time to get rid of the older workers who may be more expensive. “When you suddenly get 1s instead of 4s on your performance reviews, you are in serious trouble,” warns Robin Ryan, a career counselor and author of Over 40 & You’re Hired! Start compiling evidence early and consider seeking help from an employment lawyer. “Courts are very suspicious of this kind of thing,” McCann says. “You don’t suddenly become a bad employee.”

6. You are asked to move or transfer to a different location.

Businesses will sometimes tell older employees they have to transfer to another workplace in the hopes that the workers will resign rather than move. The U.S. Equal Employment Opportunity Commission (EEOC) sued Smithfield Foods in May 2024 for telling a 59-year-old woman she would have to move from Atlanta to Virginia to keep her job. Even though she initially agreed to relocate, she was fired alongside four other workers who were 55 and older. “Smithfield Foods violated [the Age Discrimination in Employment Act] when it discharged this employee as part of a reduction-in-force that disproportionately affected workers 55 and older,” Marcus G. Keegan, regional attorney for the EEOC’s Atlanta District Office, said in a statement. “The company’s flimsy excuse for the termination because of the transfer makes clear the real reason: age discrimination.”

7. You were fired for medical issues

Though federal laws protect workers against discrimination over age and disability, employers will sometimes fire older adults because the companies no longer want to cover the costs of their health insurance. In April 2024, the EEOC won a $325,000 settlement after a Texas car dealership allegedly fired a 65-year-old sales executive to avoid medical costs after he was diagnosed with cancer. The federal agency said the termination violated both the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA).

Editor’s note: This article was originally published on Oct. 22, 2015. It has been updated with information about recent EEOC actions on age discrimination and other lawsuits.