4 ms·

Age discrimination laws don't protect against having your feelings hurt, it's there to prevent real issues like firing/not hiring someone because of age. So no,

Age discrimination laws don't protect against having your feelings hurt, it's there to prevent real issues like firing/not hiring someone because of age. So no, the "news story" is crap and you won't be fired for saying this or have an issue unless you're a 20-something CEO with a penchant for poor decision making.

rtkwe 7y ago
I mean you might but not because of the discrimination law. With at will employment being the norm in most places and industries just annoying your boss or more (office) politically connected coworker is plenty.
nroach 7y ago
Not true. While hurt feelings isn't the legal standard, it doesn't have to rise to firing or hiring impact either. The ADEA standards apply to age discrimination. The ADEA prohibits requiring people to work in a discriminatorily hostile or abusive environment. … The standards for assessing a hostile work environment claim under the ADEA are analogous to those utilized under [Title VII]. … Thus, the ADEA is violated when the workplace is permeated with discriminatory intimidation, ridicule, and insult … that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment. Citation: Murtha v. New York State Gaming Commission et al, 17-cv-10040, 2019 WL 4450687 (S.D.N.Y. Sept. 17, 2019)
- tomnipotent 7y ago
  > that is sufficiently severe or pervasive This is non-trivial standard to meet, especially if all your evidence is "they called me a boomer".
HammockWarrior 7y ago
From the EEOC: > It is unlawful to harass a person because of his or her age. > Harassment can include, for example, offensive or derogatory remarks about a person's age. Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that aren't very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). Seems to depend on how severe the behavior is.

rtkwe 7y ago

I mean you might but not because of the discrimination law. With at will employment being the norm in most places and industries just annoying your boss or more (office) politically connected coworker is plenty.

nroach 7y ago

Not true. While hurt feelings isn't the legal standard, it doesn't have to rise to firing or hiring impact either. The ADEA standards apply to age discrimination. The ADEA prohibits requiring people to work in a discriminatorily hostile or abusive environment. … The standards for assessing a hostile work environment claim under the ADEA are analogous to those utilized under [Title VII]. … Thus, the ADEA is violated when the workplace is permeated with discriminatory intimidation, ridicule, and insult … that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment. Citation: Murtha v. New York State Gaming Commission et al, 17-cv-10040, 2019 WL 4450687 (S.D.N.Y. Sept. 17, 2019)

tomnipotent 7y ago
> that is sufficiently severe or pervasive This is non-trivial standard to meet, especially if all your evidence is "they called me a boomer".

HammockWarrior 7y ago

From the EEOC: > It is unlawful to harass a person because of his or her age. > Harassment can include, for example, offensive or derogatory remarks about a person's age. Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that aren't very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). Seems to depend on how severe the behavior is.