By this point, most employers know not to make explicit ageist remarks such as calling an employee Grandpa, saying an employee is old, or inquiring about when an employee will retire. However, employers should also be mindful that less explicit remarks, even if not intended to be ageist, can evoke certain stereotypes and result in allegations of age discrimination. In a recent Eighth Circuit case, an employee sued for age discrimination after his termination. His supervisor had noted that tasks requiring “physical skill or dexterity” were difficult for him, that he was stubborn and lacked learning potential, and that troubleshooting computer systems was difficult for him. The Eighth Circuit ultimately affirmed the District of Minnesota’s grant of summary judgment for the employer, holding that “these statements are generic workplace criticisms used to explain many terminations regardless of the employee’s age.” Also helpful to the employer were the facts that the employee had only recently been hired when he was already in his mid-50s and that his supervisor who made the decision was approximately the same age. Although the employer prevailed, it is worth noting that employees are more likely to sue if they believed they are being unfairly stereotyped. Older employees are more likely to claim discrimination if they feel they are unfairly judged as “old dogs” who cannot learn new tricks, or that they are incapable of understanding computers or performing certain skills commonly associated with younger employees. The same is true with stereotypes associated with race, sex, or disability discrimination. There is value to being sensitive to employees and avoiding stereotypes, even if there is no malicious discriminatory intent in using those stereotypes. The case is Nash v. Optomec, Inc., No. 16-2186, out of the Eighth Circuit.
Unwise Old Sayings? Watch Out For Stereotypes That Might Trigger An Age Discrimination Lawsuit
Douglas M. Oldham
Of CounselRELATED ARTICLES
Use Your Noodle: Assistant Manager Sues Over COVID-19 Related Termination
September 11, 2020 | Currents - Employment Law
Employers Need Not Tolerate HR Professionals Who Encourage Coworkers to File Discrimination Suits
July 31, 2020 | Currents - Employment Law, Employment Discrimination
Can Employees Participate in Protests During Their Workday?
July 20, 2020 | Currents - Employment Law
Reopening in Indiana—The Governor Says You’ll Need A Safety Plan
May 5, 2020 | Currents - Employment Law, Employee Health Issues
Third-Party Biometric Timekeeping Provider Chops Down BIPA Liability
April 14, 2020 | Currents - Employment Law
Use Your Noodle: Assistant Manager Sues Over COVID-19 Related Termination
September 11, 2020 | Currents - Employment Law
Employers Need Not Tolerate HR Professionals Who Encourage Coworkers to File Discrimination Suits
July 31, 2020 | Currents - Employment Law, Employment Discrimination
Can Employees Participate in Protests During Their Workday?
July 20, 2020 | Currents - Employment Law
Reopening in Indiana—The Governor Says You’ll Need A Safety Plan
May 5, 2020 | Currents - Employment Law, Employee Health Issues
Third-Party Biometric Timekeeping Provider Chops Down BIPA Liability
April 14, 2020 | Currents - Employment Law
Los Angeles Will Require COVID-19-Related Paid Sick Leave for Large Employers
March 31, 2020 | Currents - Employment Law, Employee Health Issues, Employee Leave
How Do You Complete or Update I-9s When Your Company is Remote?
March 25, 2020 | Currents - Employment Law
Are COVID-19 Claims Compensable Under Indiana’s Occupational Disease Act?
March 23, 2020 | Currents - Employment Law, Employee Health Issues
California Offers Relief from State WARN Act Requirements
March 18, 2020 | Currents - Employment Law
Sixth Circuit Holds Full-Time Presence at Work not Essential Simply Because an Employer Says So
July 20, 2018 | Employment Discrimination, Pregnancy, Currents - Employment Law
E is for Equal Pay: Pay Data Reporting And The Shifting Meaning Of “Equal Work”
July 5, 2018 | Letter of the Law, Currents - Employment Law
D is for Drugs: Employee Drug Use and What You Should Know
June 26, 2018 | Letter of the Law, Currents - Employment Law
In a Culture of Inclusiveness, Don’t Overlook Age
June 1, 2018 | Employment Discrimination, Currents - Employment Law
Letter C: Co-Workers With Criminal Records? Your Workforce May Be More Open-Minded Than You Think
May 24, 2018 | Letter of the Law, Currents - Employment Law
California Supreme Court Ruling to Give More Workers Employee Status
May 2, 2018 | Employment Lessons, Currents - Employment Law
B is for “Bias” - Is Bias The Not-So-New Cause of Discrimination?
April 24, 2018 | Employment Lessons, Letter of the Law, Currents - Employment Law
Employers, You Can Do This
April 23, 2018 | Employment Lessons, Currents - Employment Law
Medical Marijuana is Coming to Ohio– What Employers Need to Know
March 23, 2018 | Employment Lessons, Currents - Employment Law
What’s Old Is New Again: DOL Resurrects Advisory Opinion Letters
January 16, 2018 | Employment Lessons, Fair Labor Standards Act, Currents - Employment Law
Employment Visas: Changes to Expect in 2018
December 20, 2017 | Employment Lessons, High Stakes Employment Issues, Currents - Employment Law
Teacher’s ADA, Age Discrimination Claim Given New Life by Sixth Circuit
September 22, 2017 | EEOC, Employment Discrimination, Currents - Employment Law
Get a Room! Rethink Conducting Employee Reviews Over Lunch
August 25, 2017 | Employment Lessons, Currents - Employment Law
The Age Discrimination in Employment Act Turns 50
June 8, 2017 | EEOC, Employment Discrimination, Currents - Employment Law
Trump-Era Immigration Worksite Raid Threats May Bring New Requirements for California Employers
June 2, 2017 | Employment Lessons, Currents - Employment Law
Six Statements That May Mean Your Business Will Keep an Employment Lawyer Busy
June 1, 2017 | Employment Lessons, Currents - Employment Law
OSHA Delays July 1 Electronic Reporting Requirement
May 23, 2017 | Employment Lessons, Currents - Employment Law
Hiring Teenagers This Summer? Here are 3 Key Considerations
May 17, 2017 | EEOC, Employment Discrimination, Currents - Employment Law
Trump’s Actual Impact on OSHA
May 12, 2017 | Employment Lessons, Currents - Employment Law
House Passes Bill to Legalize Comp Time in the Private Sector
May 8, 2017 | Fair Labor Standards Act, Currents - Employment Law
Lessons Learned: Job Descriptions Do Matter
May 1, 2017 | Employment Discrimination, Employment Lessons, Currents - Employment Law
Your Questions About Ohio’s New Gun Law Answered
April 4, 2017 | Employment Lessons, Currents - Employment Law
Paid Leave American-Style: “I Get Mine, But You Can’t Have Yours!”
March 31, 2017 | Employee Leave, Currents - Employment Law
Easy Come, Easy Go: Appeals Court Reverses $2.6 Million Award in ADA Case
March 24, 2017 | Employment Lessons, Currents - Employment Law
Mugshots Gone Viral: Internet Clickbait is a Hiring Manager’s Minefield
March 16, 2017 | Employment Discrimination, Currents - Employment Law
Hotel California Checks Out of State Forum Selection Clauses
February 13, 2017 | Employment Lessons, Currents - Employment Law
2016: EEOC Charges Keep Climbing
February 8, 2017 | EEOC, Currents - Employment Law
EEOC’s Latest Guidance On Mental Health Accommodations Adds Little
January 31, 2017 | EEOC, Currents - Employment Law
Survey Says: About Half of Employers Offering Paid Sick Leave
January 30, 2017 | Employment Lessons, Currents - Employment Law
Drill Deeper Than “Fit” as Reason For Termination
January 26, 2017 | Employment Lessons, Currents - Employment Law
Ohio Employers May Soon See Employees Packing Heat in Their Cars
December 15, 2016 | Employment Lessons, Currents - Employment Law
Cook County, Illinois, Approves Increased Minimum Wage for Suburban Workers Beginning Next Year
October 28, 2016 | Employment Lessons, Currents - Employment Law
55-Year-Old Employee Fails to Establish Age Discrimination Claim against 3D Printing Company
May 10, 2016 | Employment Discrimination, Currents - Employment Law
University of Iowa Wins Trial Against Immigration Lawyer Claiming Age Discrimination
March 31, 2016 | Employment Discrimination, Currents - Employment Law
Nothing Could Be Finer Than To Incorporate In Carolina . . .
December 22, 2015 | Employment Discrimination, Currents - Employment Law
This Should Go Without Saying: Replacing an Older Worker with Two Younger Workers is Not Consistent with a Reduction in Force Defense
May 26, 2015 | Employment Discrimination, Currents - Employment Law
Signing Section 2 of I-9 Forms Can Get You in Trouble!
February 12, 2015 | Employment Lessons, Currents - Employment Law
Supervisor’s Statement Precludes Summary Judgment
January 30, 2015 | Employment Discrimination, Currents - Employment Law
The Employer Mandate Is Almost Here. Is Your Company Ready?
December 5, 2014 | Employee Health Issues, Currents - Employment Law
Don’t Mess With Texas…Roadhouse
October 13, 2014 | EEOC, Employment Discrimination, Currents - Employment Law
What’s In Your RIF?
September 17, 2014 | Employment Discrimination, Currents - Employment Law
Age Discrimination and Technology: Don’t Take a “Mechanized” Approach
July 3, 2014 | Employment Discrimination, Letter of the Law, Currents - Employment Law
How much can a Facebook post cost you? About $80K
February 27, 2014 | Social Media and Technology, Currents - Employment Law
Reference to Employee’s “Shelf Life” Not Enough to Prove Age Discrimination
November 18, 2013 | Employment Discrimination, Currents - Employment Law
Informal Layoff Decision Survives Age Discrimination Claim - But You May Not Want To Try This At Home
October 30, 2013 | Employment Discrimination, Currents - Employment Law
U.S. Supreme Court to Kick Off New Term With Age Discrimination Issue
October 2, 2013 | Employment Discrimination, Currents - Employment Law
You May Have More Employees Than You Think (Part II)
August 26, 2013 | Employee Health Issues, Employment Discrimination, Currents - Employment Law
Be Careful What You Say
July 17, 2013 | Employment Discrimination, Currents - Employment Law
Inconsistent Treatment Of Employees Gets You Every Time
April 24, 2013 | Employment Discrimination, Currents - Employment Law
Pennsylvania District Court Conditionally Recognizes Novel “Over-50” Class
July 24, 2012 | Employment Discrimination, Currents - Employment Law
RELATED PRACTICE AREAS
Subscribe
Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.
View Subscription Center