When Actions Speak Louder: Age Discrimination Without Words

Over the weekend, I read a Sixth Circuit decision about a police officer who successfully argued that he faced a hostile work environment due to age discrimination—despite the absence of explicit age-related comments. This case highlights how a pattern of behavior can create a discriminatory workplace, even without direct remarks about age.

What Happened?

The officer, who had over thirty-three years of experience, claimed he was subjected to excessive scrutiny and disproportionate discipline compared to his younger colleagues. He provided evidence that older officers, including himself, were targeted for minor policy violations that younger officers routinely committed without facing similar consequences. Fellow officers supported his claims, testifying that department leadership behaved unprofessionally, even grinning and giggling while disciplining him.

The Court’s Decision

Employees can claim a hostile work environment based on age if their workplace is “permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of their employment and create an abusive working environment.” Typically, age-related hostile work environment claims involve explicit ageist remarks.

But that’s not always necessary.

The court found that the officer’s treatment, when considered as a whole, suggested age-based discrimination. Colleagues testified that leadership singled him out for discipline while favoring younger officers. He also pointed to specific incidents that seemed designed to humiliate him. For example, he was assigned to conduct a traffic study—despite lacking specialized training—and was forced to provide weekly updates to two supervisors. This was seen as setting him up for failure and justifying further discipline. Additionally, witnesses described the police chief as “grinning from ear to ear” and “giggling” when reprimanding him.

The court emphasized that hostile work environment claims must consider the complete picture. The officer’s evidence indicated a pattern of unfair treatment bad enough to alter his employment conditions.

Actions Speak as Loud as Words

A hostile work environment can exist even without explicit discriminatory statements. Employers should assess the overall treatment of employees to ensure no group is unfairly targeted. That’s disparate treatment. If left unchecked, those behavior patterns can create additional liability for a hostile work environment claim.

The takeaway? Words matter, but so do actions. If certain employees consistently face harsher discipline and unreasonable scrutiny or are set up for failure, those patterns may amount to discrimination—even if no one says a word. Wise employers take proactive steps to avoid explicit discrimination in any form. And when they learn about bad behavior, they take prompt remedial action to end it.