Can you face age discrimination under the age of 40?

When you go to work and hear your coworkers telling you that you don’t know anything because you’re young or treat you like you’re ignorant because of your age, you may be frustrated with your work environment. If you think you’re being held back from promotions or facing trouble with pay raises because of your age, you may hope that you can make a claim and make your employer treat you better.

Unfortunately, if the only issue is age discrimination, you don’t technically have protection until the age of 40. Age discrimination laws specifically focus on older workers who may be discriminated against and replaced by younger workers.

That being said, if you’re regularly being harassed and you feel that you cannot go to work because of how you’re being treated, the situation may involve more than just age issues and could constitute harassment in general. At any age, you can take action against an employer who allows outright harassment to continue.

Is it age discrimination or harassment?

Think carefully about your situation. Is it age discrimination, or are you dealing with harassment? If you’re under 40, you may not have the right to make an age discrimination claim, but some actions constitute harassment regardless of age. For example, name calling and making it difficult for you to do your work because of constant insults could constitute harassment rather than age discrimination.

Not promoting you because you are a woman or making comments about your intelligence could be discriminatory and harassing, too.

Keep all evidence of harassment to help boost your claim

If you believe that you are being harassed at work or that you are a victim of unfair treatment, you need to keep as much evidence as you can to support your claim. Keep items such as emails or notes that are discriminatory or harassing. Talk to people who witnessed the behavior and see if they will make a statement on your behalf.

Doing these things can help you bolster your case and help you if you decide to make a claim for harassment against your employer in the future.