AARP Hearing Center
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.