When a company announces layoffs, many workers feel uncertain about their future. However, if older employees seem to be the main group affected, the situation may involve age discrimination.
In Indiana, age discrimination violates both federal and state laws, including the Age Discrimination in Employment Act (ADEA) and the Indiana Civil Rights Law. Knowing how to use these laws to protect yourself and others can help lead to a fair workplace.
Document targeted behavior
If you notice a pattern of older employees losing their jobs, you should begin by documenting what you see. Make notes of who your employer is laying off. Are most of them over the age of 40? Is the company keeping younger employees in similar roles, even if they have less experience or lower performance ratings? These details matter. Make a written list of names, ages, job titles and dates to help show a pattern.
Keep copies of company records
Be sure to review company records whenever possible. If the company gave a layoff notice or offered severance packages, check for lists of who got laid off and who stayed. Employers with more than 50 workers must provide this information during large layoffs if they are offering severance in exchange for a release of claims. Compare the ages of those laid off with those who stayed.
Record conversations with human resources
Speaking with the human resources department is another step. You can express your concerns about age discrimination and ask for clarification about how leaders made layoff decisions. Keep records of these conversations.
If you believe you experienced age discrimination during layoffs, you can file a complaint with the Indiana Civil Rights Commission or the Equal Employment Opportunity Commission (EEOC). These agencies will investigate the complaint and decide if the employer violated the law.