With more people living longer, many older workers are in the workplace well past typical retirement age. However, many older workers find it difficult to find work and may think that they are victims of age discrimination if they are terminated from their work position. When a worker or applicant alleges age discrimination, the situation may be able to be resolved through mediation.

What Is Age Discrimination?

The Age Discrimination in Employment Act defines age discrimination as treating an applicant or employee less favorably because of his or her age. This federal law prohibits age discrimination against people 40 or older. Age discrimination can occur when a less favorable decision is made regarding an applicant or employee regarding his or her hire, fire, job assignment, pay, promotion, termination, training or benefits due to a person’s age.

Examples of Age Discrimination

Age discrimination can occur in more blatant ways, such as an employer using recruiting techniques to target younger workers or stating a preference for younger workers. It can also occur when an employment practice has a negative impact on older workers or applicants even if the employer was not trying to discriminate on age. Harassing employees because of their age is also a form of discrimination.

The Mediation Process

Mediation can help the parties avoid expensive litigation. The parties work together toward a favorable resolution of their dispute. A neutral third party acts as a go-between. Mediation helps the parties better communicate their positions. It can often help the parties feel better heard and understood. The parties focus on reaching a solution that helps them move forward.