December 9, 2019

Despite HR professionals’ attempts to keep the workplace civil and respectful, there are times when social media tropes can leave us wondering where to draw the line. This is especially true of some of the recent viral phrases like “Ok boomer” and “snowflake”. These types of phrases are often used to convey the idea that opinions held by older individuals are irrelevant or out-of-date or that younger people are overly-emotional and easily offended. Such terms outside of the workplace are problematic enough, but when they invade our workplace, they can lay the groundwork for age discrimination claims under the Age Discrimination in Employment Act (ADEA). While the ADEA protects workers who are 40 or older, there are some states where workers of all ages are protected from workplace discrimination on the basis of age. One-time use of these terms in the workplace may not amount to a claim of age discrimination, but repeated use or widespread acceptance of these terms in the workplace, over time, could create an inference that because actions were not taken to stop the comments from being made, the employer tolerates or even condones age-based discrimination. Nip these comments in the bud if you hear them yourself or they are reported to you. This will help your company fend off age discrimination claims in the future. Contact our attorneys at myHRcounsel for questions.