Another court greenlights hostile work environment claims based on age

 

The Seventh Circuit has made clear it is inclined to hold that the Age Discrimination in Employment Act (ADEA) permits hostile work environment claims. At the same time, the court reminded employers that recognition is not enough. Plaintiffs still need proof, and speculation will not do.

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TL;DR: The Seventh Circuit once again assumed hostile work environment claims are cognizable under the ADEA and signaled it is inclined to hold that the statute permits them. Yet it affirmed summary judgment for a school district because the employee offered only her belief that she was harassed due to her age, without evidence linking the treatment to age bias.
📖 Read the opinion here

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The backstory

A longtime kindergarten teacher was involuntarily transferred in 2019, at age 52, to a different school to replace a less experienced colleague. According to district leaders, the move was made because of her proven ability to handle challenging special-education environments.

But the transition proved difficult. At the new school, she faced a particularly tough group of kindergarteners, received multiple rounds of critical feedback from the principal, was denied a full-time crisis-prevention aide for her students with Individualized Education Plans, and had one confrontation with a “principal intern” that left her shaken.

She filed suit in 2021, alleging that these conditions amounted to a hostile work environment under the ADEA.

Why the Seventh Circuit assumes the ADEA covers hostile work environment claims

The district court had followed prior Seventh Circuit cases that “assumed, but never decided” that hostile work environment claims are available under the ADEA. This panel took the same approach, but explained why the assumption is well-founded.

The ADEA makes it unlawful to “otherwise discriminate against any individual with respect to [her] compensation, terms, conditions, or privileges of employment” because of age. Title VII and the ADA have identical clauses. The Supreme Court has long held that under Title VII, this language permits hostile work environment claims. The Seventh Circuit reasoned that Congress used the same words in the ADEA, enacted shortly after Title VII, so it is fair to presume Congress meant them to have the same meaning.

The court also pointed to its own precedent applying hostile environment principles to the ADA, and to decisions from other circuits that have already recognized hostile work environment claims under the ADEA. Those circuits include the First, Second, Fifth, Sixth, Eighth, Ninth, and D.C. Circuits.

Thus, the Seventh Circuit was inclined to hold that the ADEA permits hostile work environment claims. However, it tabled a definitive ruling, since the plaintiff’s case failed for lack of evidence.

Why this plaintiff lost anyway

Even assuming the ADEA recognizes hostile work environment claims, the plaintiff needed to show harassment that was both severe or pervasive and based on her age. She conceded no one made any age-based remarks. The only link to age was her belief that the treatment occurred “because I’m older.”

The court held that speculation, intuition, or hunches are not enough to create a jury issue. The record reflected pedagogical disagreements, staffing disputes, and blunt criticism, but no evidence of age animus. Summary judgment was therefore affirmed.

Employer takeaways

🔹 Expect age-based hostile environment claims. The Seventh Circuit has not formally decided the issue, but the writing is on the wall. Plaintiffs can, and will, bring these claims under the ADEA. State and local anti-discrimination laws may also recognize hostile work environment claims based on age, so employers face exposure on multiple fronts.

🔹 Evidence still rules the day. Viable hostile work environment claims require evidence of behavior based on a protected class; here, age-tinged comments. Conversely, a plaintiff’s hunch will not carry the claim.

🔹 Document and respond to complaints. Employers should keep records of reported incidents and their responses. Showing that complaints are taken seriously and addressed promptly is critical in defending against hostile work environment claims.

🔹 Train supervisors and staff. Reinforce professional standards of conduct and ensure leaders know how to recognize, prevent, and respond to inappropriate behavior. This helps reduce the risk that ordinary workplace tensions morph into allegations of a hostile environment.

The bottom line

The Seventh Circuit has added its voice to the growing chorus recognizing hostile work environment claims under the ADEA. But recognition is not the same as proof. Plaintiffs must show age-based conduct that is severe or pervasive, and courts will not let speculation or intuition substitute for evidence. Employers should continue training managers, addressing complaints promptly, and maintaining a workplace culture where concerns are taken seriously.