Losing a promotion, being included in a layoff, or suddenly finding yourself out of a job can leave you with difficult questions. Was it truly a business decision, or did your age play a role?
Employers often explain employment decisions as restructuring, budget cuts, or performance concerns. Sometimes those explanations are legitimate. Other times, age discrimination may be hiding behind a seemingly neutral reason. Understanding the difference can help Missouri employees protect their rights and make informed decisions about their next steps.
What Does Missouri Law Protect?
Both Missouri and federal law prohibit age discrimination in the workplace.
Under the Missouri Human Rights Act (MHRA), employees between the ages of 40 and 69 are protected from discrimination based on age. Federal law, through the Age Discrimination in Employment Act (ADEA), protects workers age 40 and older and does not have an upper age limit.
Age discrimination can occur in hiring, promotions, layoffs, terminations, compensation decisions, and other employment actions. To succeed in a claim, an employee generally must show that age played a meaningful role in the employer’s decision.
What Does a Legitimate Business Decision Look Like?
Not every unfavorable employment action is illegal. Missouri is an at-will employment state, which means employers can make many business decisions without violating the law as long as discrimination is not involved.
Legitimate business decisions often include documented performance concerns, company-wide restructuring efforts, budget reductions, or objective qualifications required for a position.
For example, if an employer consistently documents performance issues and applies the same standards to employees of all ages, that may support a legitimate business reason for a termination or demotion. Similarly, a true reduction in force generally affects employees based on business needs rather than age.
The key question is whether a younger employee in a similar situation would have been treated differently.
Common Warning Signs of Age Discrimination
Age discrimination is rarely obvious. Employers seldom admit that age influenced a decision. Instead, employees should focus on the patterns and circumstances surrounding the action.
One warning sign is age-related language in the workplace. Comments about needing “new energy” or “fresh perspectives,” or questions about retirement, may suggest age-related bias, especially when made by decision-makers.
Another red flag is replacement by a significantly younger employee. If a worker with a strong performance history is terminated and quickly replaced by someone much younger, that may raise questions about the employer’s true motivation.
Patterns can also be important. If layoffs, promotions, or advancement opportunities consistently favor younger employees while older workers are left behind, the decision may deserve closer scrutiny.
Why Documentation Matters
When evaluating whether age discrimination occurred, evidence is critical.
Employees should keep copies of performance reviews, disciplinary records, emails, and any written communications related to employment decisions. These documents can help establish whether the employer’s explanation matches the facts.
It can also be helpful to maintain a timeline of important events, including age-related comments, changes in job responsibilities, performance evaluations, and disciplinary actions.
Often, age discrimination cases are built through a combination of evidence rather than a single piece of proof.
Be Careful Before Signing a Severance Agreement
Many employees' first question is whether discrimination occurred when they are presented with a severance package.
Severance agreements frequently include waivers that prevent employees from bringing future legal claims. Once signed, those agreements can significantly limit available options.
Employees who are 40 or older have certain protections under federal law when asked to waive age discrimination claims, but it is still important to understand what rights may be affected before signing any agreement.
Know the Filing Deadlines
Employment discrimination claims are subject to strict deadlines.
Missouri employees generally have 180 days to file a complaint under state law. Federal claims may allow up to 300 days in certain circumstances. Missing these deadlines can prevent a claim from moving forward, regardless of its strength.
Because important rights can be lost quickly, it is often beneficial to evaluate potential claims as soon as possible.
Understanding Your Options
The line between age discrimination and a legitimate business decision is not always obvious. Employers may have valid reasons for their actions, but patterns, comments, timing, and inconsistent explanations can sometimes reveal a different story.
If you believe age may have played a role in a termination, demotion, layoff, or missed promotion, understanding your rights is an important first step. The team at Sedey Harper Westhoff can help you evaluate your situation, understand applicable deadlines, and determine what options may be available moving forward.