By: Nicholas J. Golding and Jackson T. Treadway
In a recent opinion, Blumenshine v. Bloomington School District No. 87, the Seventh Circuit held that hostile work environment claims may also be brought for age-related harassment under the Age Discrimination in Employment Act (ADEA). Employers in Indiana and Illinois should take note of this development and be aware that age-based discrimination claims may be more common in the future.
The Court’s Decision
In this case, the plaintiff, a former elementary school teacher, alleged that supervisors and co-workers repeatedly made derogatory comments about her age, excluded her from work opportunities, and suggested she was “too old” for the job. The court concluded that these allegations, if proven, could establish a hostile work environment claim based on age.
This ruling reflects a growing consensus among courts that persistent age-related harassment can violate federal law. Hostile work environment claims have historically been brought under Title VII of the Americans with Disabilities Act (ADA). In recent years, courts have expanded hostile work environment claims to include age-related harassment, recognizing that the ADEA’s language is identical to the ADA and thus deserves similar treatment. The Seventh Circuit joins the First, Second, Fifth, Sixth, Eighth, Ninth, and D.C. Circuits in recognizing hostile work environment claims under the ADEA.
Practical Implications for Employers
The Seventh Circuit’s decision highlights the importance of employers addressing age-based issues in the same way as other forms of workplace harassment. Employers should reinforce that age-related jokes, stereotypes, and negative comments are inappropriate and investigate complaints of age-based mistreatment with the same urgency given to other harassment complaints.
Takeaway
This decision serves as a reminder that age discrimination claims extend beyond hiring and firing decisions. Courts are increasingly willing to recognize hostile work environment claims under the ADEA, creating additional exposure for employers who fail to address age-related harassment in the workplace. For more information, please contact Nicholas J. Golding, Jackson T. Treadway, or another member of the KDDK Labor and Employment practice group.
