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Words Matter: EEOC Combats Coded Language in Age Discrimination Case

Writer's picture: Kirstin HawthorneKirstin Hawthorne

Written by N'kia NLN and Xavier Mazza


In a landmark case, the U.S. Equal Employment Opportunity Commission (“EEOC”) has taken a firm stand against age discrimination, highlighting the importance of language in employment practices. The case, EEOC v. Hatzel & Buehler, Inc., underscores how seemingly innocuous words can constitute “coded language” that perpetuates unlawful discrimination.


Coded Language

What exactly is coded language? In short, coded language refers to words or phrases that subtly reinforce stereotypes. While these words or phrases often seem benign, they perpetuate bias against certain demographics of employees. Examples of coded language include “aggressive,” “bossy,” “emotional,” and “sassy.” Depending on context, even some standard corporate speak, such as “culture fit,” might be coded language.


Case at a Glance

In July of 2024, Hatzel & Buehler, Inc. (a commercial electrical contractor) settled a case filed by the EEOC by agreeing to pay eight older job applicants $500,000. According to the EEOC’s complaint, since at least November 2020, the vice president of the company’s New Jersey branch instructed outside recruiters to source younger candidates for project manager and estimator positions. Ultimately, the vice president refused to hire applicants who did not fit into the “ideal age range” of 30 to 45 years old. The EEOC’s complaint alleged that the company violated the Age Discrimination in Employment Act (“ADEA”).


Business Impact

The use of coded language can expose an employer to significant legal risks. Discrimination lawsuits may arise when biased language demonstrates or leads to unequal treatment in the workplace. Employees who feel undervalued are more likely to file complaints, which potentially subjects employers to costly legal battles, governmental fines, and reputational damage.


Power of Language

The Hatzel & Buehler, Inc. case brings to light the subtle yet powerful role of language in perpetuating discrimination. The EEOC’s action against the company sends a clear message: employers must be vigilant about the language used in recruiting, hiring, and other employment communications, decisions, and policies.


Conclusion

EEOC v. Hatzel & Buehler, Inc. is a pivotal reminder that words matter in the workplace. By being mindful of coded language and their myriad alternatives, employers can not only benefit from the experiences and perspectives of a diverse workforce but also help ensure compliance with legal standards.


For more information on age discrimination and how to ensure compliance with the ADEA, visit the EEOC’s website.

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