If you applied for a promotion and watched it go to a younger coworker, you may be wondering whether age played a role in the decision. Whether a denied promotion qualifies as age discrimination depends on your circumstances.
Which laws protect older workers in Washington?
The federal Age Discrimination in Employment Act, often called the ADEA, applies to workers who are 40 or older and covers employers with 20 or more employees. It bars employers from factoring age into hiring, firing, pay or promotion decisions. The state broadens this protection with the Washington Law Against Discrimination, reaching employers with eight or more workers.
How can you tell age was the deciding factor?
Direct evidence of age bias is rare, since most employers know better than to put discriminatory reasoning in writing. Subtle signs often reveal what is happening behind a promotion decision.
Comments about wanting someone with more “longevity,” needing a “digital native” or hoping to bring in “new blood” can suggest age played a part. A sudden shift in performance reviews, exclusion from leadership training, or being steered away from high-visibility projects is also worth noting.
Patterns can be just as telling. If younger and less experienced employees consistently advance over qualified older workers, that history may support an inference of bias.
What proof will your claim require?
To pursue an age discrimination case, you will need to demonstrate the following:
- You were 40 years of age or older at the time
- You were qualified for the position you applied for
- You were passed over in favor of a substantially younger person, or other circumstances suggest age was the reason
- The role went to a substantially younger person, or other circumstances point to age as the reason
A clear admission of bias is not required. Circumstantial evidence, when assembled carefully, can shift the burden onto your employer to offer a legitimate, nondiscriminatory reason for the decision.
Where do you go from here?
If you suspect age was a factor in the denial, the next step is filing a charge with the proper agency. You may file with the Equal Employment Opportunity Commission within 300 days of the discriminatory act, or pursue a complaint through Washington’s civil rights enforcement process within six months.
You also have the option of filing a lawsuit directly under the Washington Law Against Discrimination, without first going through the state agency. This route generally allows three years from that date to file a civil complaint in state court.