Ageism in the Workplace: Subtle and Overt Examples

Ageism in the workplace (defined as discrimination based on an individual’s age) continues to be a pervasive issue despite legal protections. In British Columbia, the Human Rights Code explicitly prohibits age-based discrimination, ensuring that employees of all ages have equal rights to participate, contribute, and thrive in their workplaces. However, similar to other forms of discrimination, workplace ageism often manifests in subtle forms that can be harder to recognize than more overt instances. This article explores examples of workplace ageism and outlines the legal protections, employer responsibilities, and employee rights in British Columbia.

Subtle Examples of Ageism in the Workplace

Subtle forms of workplace ageism and discrimination can easily fly under the radar while being just as damaging as overt discrimination. Here are some examples:

Assumptions About Technology Skills
Assuming older workers are not adept at using new technologies and overlooking them for tech-related roles or training opportunities. This perpetuates harmful stereotypes about older workers being less adaptable.
Limited Professional Development Opportunities
Excluding older employees from training programs, mentorship opportunities, or promotions because they are perceived as being “close to retirement” or “no longer interested in career growth.”
Subtle Bias and Derogatory Comments
Seemingly casual remarks such as “You must find it hard to keep up with all this new technology,” or jokes about an employee’s age—even when intended as humour—can foster exclusion and make older employees feel undervalued.
Preferential Treatment for Younger Workers
Assigning high-visibility projects or leadership roles to younger employees while relegating older employees to less impactful tasks can reflect subtle preferential treatment and contribute to workplace inequity.
Pressure to Retire
Excluding older employees from long-term planning discussions or creating an unwelcoming environment can subtly pressure them to retire, even without explicit statements.

Overt Examples of Ageism in the Workplace

More blatant forms of ageism can include:

Job Postings with Age-Biased Language
Posting job ads that specify “seeking young, energetic candidates” or imply a preference for younger workers violates human rights protections and discourages older candidates from applying.
Termination Due to Age
Terminating employees based on assumptions about their ability to perform because of their age is a clear violation of BC’s Human Rights Code.
Refusal to Hire Older Workers
Employers who reject candidates solely based on their age—either directly or indirectly—are engaging in age discrimination. For example, excluding applicants with extensive experience under the assumption that they are overqualified is often ageism disguised as practicality.
Pay Disparities
Offering lower wages to older employees despite their experience or qualifications, simply because of age is a blatant form of discrimination.
Workplace Bullying
Failing to pay attention to outright hostility or exclusion aimed at older workers from younger colleagues or managers, including being ignored, ridiculed, or disrespected because of their age.

Legal Protections Against Ageism in British Columbia

British Columbia’s Human Rights Code prohibits discrimination in employment based on age, ensuring equal treatment of employees and job applicants. Key points include:

Equal Access to Opportunities: Employers cannot deny jobs, promotions, or training based on age.
Protection from Forced Retirement: Mandatory retirement policies are generally prohibited, except in limited cases where age is a bona fide occupational requirement.
Right to Work Free of Harassment: Employees have the right to a workplace free of age-related harassment or hostility.

Employer’s Duty to Prevent Ageism

Employers in British Columbia are responsible for maintaining a workplace free from discrimination, which includes:

Creating Inclusive Policies
Implementing clear anti-discrimination and anti-harassment policies that include protections against ageism. These policies should align with the Human Rights Code and be communicated to all employees.
Providing Training
Providing regular training on fostering an inclusive and respectful workplace can help employees and managers recognize and address unconscious biases, including age-related stereotypes.
Conducting Fair Hiring Practices
Ensuring job descriptions and hiring practices are free of discriminatory language and focus on skills, qualifications, and experience rather than age.
Investigating Complaints Promptly
Taking age-related complaints seriously and conducting fair and thorough investigations to address discrimination or harassment when warranted.

Employee Rights and Recourse

Employees who experience ageism in the workplace have several avenues for recourse in British Columbia:

Internal Reporting
Employees should report age-related discrimination or harassment to their employer or HR department. Employers are obligated to take complaints seriously and take corrective action.
Filing a Human Rights Complaint
Employees can file a complaint with the BC Human Rights Tribunal if they believe they have been subjected to age-based discrimination. The tribunal investigates and resolves cases under the Human Rights Code.
Seeking Legal Advice
Employees may consult an employment lawyer to explore legal remedies, especially in cases of wrongful termination or systemic discrimination.

Fostering an Age-Inclusive Workplace

Preventing ageism in the workplace requires proactive steps from employers and collaboration across all levels of an organization. Key strategies include:

Valuing Experience: Recognize and celebrate the value that older employees bring, including their institutional knowledge and mentoring potential.
Encouraging Multi-Generational Collaboration: Promote teamwork across age groups to foster mutual respect and understanding.
Supporting Lifelong Learning: Provide all employees with access to training and development opportunities, regardless of their age.

Conclusion

Ageism and other forms of discrimination need to be recognized before they can be addressed. Thankfully, efforts are being made to ensure such issues aren’t invisible. Earlier this month, BC’s Senior Advocate launched a survey to collect local citizens’ perspectives and examples of ageism in BC to gain insight into how different forms of ageism affect seniors within our communities, including workplaces. In British Columbia, employers are responsible for providing an inclusive workplace and fostering equal opportunities for employees of all ages. By adhering to the Human Rights Code and taking proactive steps to address bias, employers can create workplaces where every employee—regardless of age—feels valued and empowered to succeed. For employees, knowing their rights and speaking out against ageism is critical to ensuring a fair and inclusive workplace for all.

If You Have Questions, We Can Help

If you’re an employer in British Columbia and have questions about preventing and addressing ageism in the workplace and your duties as an employer, our Employment Law Specialists at Spraggs Law are here to help. Please don’t hesitate to contact us at 604 359 1618 or online today.

Please note: This article does not contain legal advice. If you would like advice on your specific situation, please contact Spraggs Law.