Nine in Ten Older Workers Report Experiencing Age Discrimination in New Survey

For many workers in their fifties or sixties, the workplace does not always reflect the value of experience. While employers often say they appreciate institutional knowledge, older employees frequently encounter subtle slights, missed opportunities and unfair treatment. These circumstances aren’t just discouraging. They may also violate California and federal laws designed to protect workers from age discrimination.

A recent survey by Resume Now, an online platform for job seekers, provides a closer look at how widespread the problem has become. Out of 878 workers over the age of 50 who were surveyed in May 2025, nine out of 10 said they had experienced some form of age-related bias. The findings point to a persistent gap between how older employees expect to be treated and what they actually face in the workplace.

What the Resume Now Study Reveals

The survey shows that disrespect is a common starting point. More than 80 percent of respondents said they felt disrespected by younger coworkers at least occasionally, and some described interactions as dismissive or patronizing.

That lack of respect often spilled over into areas with financial and career consequences. Over half of the workers surveyed reported being paid less than their younger colleagues who performed the same job. Others said they were excluded from meaningful assignments, passed over for promotions or pressured to retire early. Twelve percent reported being targeted during layoffs in ways that suggested age played a role, according to Resume Now. Such layoffs may be unlawful if they aren’t based on legitimate business reasons.

Legal Protections for Older Employees

Both the federal Age Discrimination in Employment Act and California’s Fair Employment and Housing Act make age-based discrimination illegal. Workers who are 40 or older are protected from being denied jobs, promotions, pay or other benefits simply because of assumptions about their age. For example, two in five workers surveyed said they endured age-related bias related to their technology skills.

The behaviors reflected in the Resume Now survey may do more than create tension in the workplace. Paying older workers less than younger employees for the same work, pressuring them to retire or excluding them from career opportunities can all form the basis of a legal claim for age discrimination in California. Even repeated remarks about retirement or stereotypes about older workers being less adaptable to technology can serve as evidence when combined with negative employment actions.

Age Discrimination and New Technology

Another emerging challenge is the role of artificial intelligence in employment decisions. Lawsuits have been filed against companies accused of using software that screens out older applicants.

In one ongoing case, a judge ordered the HR software company Workday to disclose which employers had used its applicant recommendation system after claims of discrimination against job seekers over 40. California law makes it clear that employers are responsible for ensuring their hiring and promotion processes remain free from bias, regardless of whether they rely on technology.

What Action Can Older Workers Take?

For California workers, it’s crucial to recognize when unfair treatment may cross the line into unlawful discrimination. Workers experiencing mistreatment can report it to human resources, but it’s also important to keep personal records. All too often, workers’ complaints are ignored or met with retaliation. Documenting workplace incidents, including changes in pay, exclusion from opportunities or pressure to retire, can strengthen a potential claim and provide evidence of unlawful treatment.

Certain actions, such as offhand comments or jokes about an older worker’s age, may seem unfair but may not necessarily meet the legal threshold for discrimination. Speaking to an experienced employment lawyer can help you determine whether you have a valid claim for age discrimination against your employer.

Contact an Oakland Employment Lawyer at Erlich Law Firm Today

The Resume Now survey makes one thing clear. Age discrimination remains an issue, even as the workforce grows older. For California employees, this is not only an issue of respect but one of legal rights. If you believe you have been treated unfairly because of your age, Erlich Law Firm can help. We represent workers in Oakland and throughout the Bay Area who face workplace discrimination. Contact us today for a free initial consultation.