Across Michigan, employees over 50 are experiencing a troubling trend: subtle and overt age bias is showing up in workplaces that once relied on their experience. Some of the discrimination is obvious—being replaced by a younger employee or denied a promotion despite years of strong performance. Other times, it surfaces through quiet pressure to retire, exclusion from training opportunities, or a sudden shift in how managers evaluate long-term workers.

These shifts often happen quickly. A supervisor who once praised your consistency may now criticize your “adaptability.” A company that emphasized loyalty may start emphasizing “new energy” or “fresh ideas.” Even worse, when layoffs occur, older workers frequently find themselves on the front line while younger employees remain.

This is where the law—and the right advocate—becomes critical.

For nearly three decades, Batey Law has protected Michigan workers who’ve been treated unfairly, standing firmly for employees who’ve been sidelined, pushed out, or targeted because of who they are—not how they perform.
This commitment reflects the firm’s identity and brand values: measured but powerful advocacy, driven by real experience and an unwavering focus on results.

Michigan’s ELCRA: What the Law Actually Protects

ELCRA vs. Federal ADEA—Why Michigan Workers Have Broader Rights

Most people have heard of the federal Age Discrimination in Employment Act (ADEA), which protects workers 40 and older. Michigan goes even further.

Under the Elliott-Larsen Civil Rights Act (ELCRA), it is illegal to discriminate against someone because of age—even workers in their 20s. However, in the real world, the workers who suffer most consistently are those 50 and above, often because employers view them as more “expensive,” “less flexible,” or “ready to retire.”

What Counts as Age Discrimination Under ELCRA

Age discrimination can be loud or quiet. Under ELCRA, the following actions can violate the law:

• Wrongful termination or layoff aimed at older workers.
• Denied promotions or raises in favor of younger, less-experienced employees.
• Age-based comments or stereotypes, such as:
  
  
  
  • “You’re slowing down.”
  • “We need younger energy.”
  • “Isn’t it time to retire?”
• Hiring only “digital natives”—a common age proxy that courts increasingly scrutinize.
• Replacement patterns, where older workers are routinely swapped out for significantly younger employees.

Signs You’re Being Targeted Because of Age

Sudden Negative Reviews After Years of Excellence

If you’ve received strong reviews for decades, and suddenly you’re facing:

• Unwarranted criticism
• A Performance Improvement Plan (PIP)
• A supervisor who seems determined to document every minor issue

…it may be more than performance—it may be groundwork for termination.

Replacement Patterns

Employers rarely admit to age bias. Instead, they:

• Hire younger employees into roles long held by older workers
• Reduce hours or responsibilities while expanding younger workers’ duties
• Use “restructuring” or “reorganization” as a cover to eliminate older staff

Explicit or Implied Statements About Age

Sometimes the truth slips out. Employers may say things like:

• “We’re moving in a younger direction.”
• “We need fresh blood.”
• “Older workers just can’t keep up with technology.”

Pressure to Retire

Retirement should be your choice, not your employer’s strategy.

Signals to watch for:

• Being offered an early retirement package with an implied threat
• Comments such as “You’ve had a great run” or “You’ve earned some rest”
• Supervisor hints that “it might be time”

How to Prove Age Discrimination Under ELCRA

Proving age discrimination is rarely about one explosive moment. More often, it’s a pattern—subtle remarks, suspicious timing, shifting explanations, or a younger coworker suddenly being treated like your replacement. Under Michigan’s ELCRA, these patterns matter, and when handled correctly, they can build a powerful, winning case.

Direct Evidence

Direct evidence is the most powerful form of proof because it shows the truth plainly.

Examples include:

• Age-based comments by supervisors or decision-makers, such as “You’re slower than you used to be,” “We’re looking for someone younger,” or “It’s time for you to retire.”
• Emails or text messages referencing age, longevity, retirement expectations, or stereotypes tied to age.

Unfortunately, most employers are too careful to say these things outright—which is why circumstantial evidence becomes so important.

Circumstantial Evidence (The Most Common Way to Win an ELCRA Case)

Comparator Evidence

One of the strongest forms of circumstantial proof is showing how younger employees were treated compared to you.

Examples include:

• Younger workers kept their jobs despite similar or worse performance.
• Younger employees selected for promotions while older, more qualified employees were overlooked.
• Younger coworkers allowed flexibility or training that older workers were denied.

Timing

Timing matters in discrimination cases, and juries recognize patterns.

Red flags include:

• Age-related comments made shortly before termination or demotion.
• A sudden drop in performance reviews immediately after you turned 50, 55, or 60.
• Policy changes that just happen to affect older workers disproportionately.

Pretext

Pretext means the employer’s stated reason isn’t the real reason.

Examples of pretext:

• Inconsistent explanations—HR says one thing, a manager says another.
• Shifting reasons for discipline or termination.
• Reasons that simply don’t make sense in light of your performance history.

Documentation That Strengthens Your Case

A strong age discrimination case is built the same way Scott Batey prepares for trial: with measured, organized evidence, not emotion.

Important items include:

• Emails between you and management
• Written warnings or performance write-ups
• Performance reviews, especially those showing strong past performance
• Notes of meetings with supervisors or HR
• A chronological timeline of events, including comments, dates, and names

What to Do If You Suspect Age Discrimination

Do Not Resign Immediately

Quitting can seriously damage your claim.
Employers often hope older workers will leave quietly—don’t give them that victory.

Document Everything

Start your own timeline. Record:

• Exact dates
• Direct quotes and comments
• Names of everyone involved
• Any changes in treatment or expectations

Contact an Employment Lawyer Before HR

This point can’t be emphasized enough.

HR protects the company—not you.

Before you file a complaint internally, speak with a Michigan employment attorney who can:

• Tell you what to report
• Tell you how to report it
• Help you avoid missteps that could weaken your case

Avoid Relying on Emotion

Feeling angry, embarrassed, or blindsided is natural—but your actions need to stay measured and factual, just as Scott approaches his cases.

Emotional reactions can be used against you; facts cannot.

Remedies Available in an ELCRA Age Discrimination Case

When age discrimination threatens your career, the law provides a range of remedies designed to make you as “whole” as possible. While no legal outcome can undo the stress, uncertainty, or emotional toll of being unfairly targeted, Michigan’s ELCRA gives workers meaningful avenues for recovery.

Back Pay & Front Pay

If you were fired, demoted, or forced into retirement because of your age, you may recover:

• Back pay for wages lost between the discriminatory act and the resolution of your case
• Front pay to compensate for future earnings you likely would have received but for the discrimination

Lost Benefits

This includes:

• Health insurance
• Retirement contributions
• Bonuses
• Stock options
• Sick time or PTO

Emotional Distress Damages

Age discrimination is not just financial. It affects identity, dignity, and stability. Michigan law allows compensation for:

• Anxiety
• Stress
• Sleep disruption
• Loss of enjoyment of life
• Emotional harm caused by humiliation or mistreatment

Attorney’s Fees

Under ELCRA, the employer may be required to pay your attorneys’ fees if you win—an important protection that ensures workers can pursue justice without fear of financial burden.

Possible Reinstatement

In some cases, reinstatement to your former role—or a comparable one—may be available. While not every employee wants to return, it remains a legal remedy that underscores the severity of discrimination.

Negotiated Severance Packages

Sometimes the most strategic path is a negotiated severance, especially when returning to the workplace isn’t practical.
Batey Law brings decades of negotiation experience to these situations, ensuring the package reflects:

• Lost wages
• Benefits
• Emotional damages
• The strength of the evidence

Your Experience Matters. So Does Your Future.

Workers over 50 deserve respect—not replacement. If you’ve been sidelined, pushed out, or forced to “make room” for someone younger, Michigan law may protect you. And you do not have to navigate the process alone.
Your experience has value. Your work matters. And discrimination based on age is not just unfair—it’s illegal.

Get the Protection and Advocacy You Deserve

Since 1996, Scott Batey has fought for Michigan workers facing discrimination, retaliation, and unfair treatment. With a strategic, measured, and results-driven approach, he brings the full weight of experience to every case. When you’ve been targeted because of your age, you need an advocate who is relentless, prepared, and focused on winning.

📞 Call: 248-540-6800
📍 Office: 30200 Telegraph Rd., Suite 400
Bingham Farms, MI 48025
🌐 Website: www.bateylaw.com
📧 Email: sbatey@bateylaw.com