"Ok Boomer"... From Internet Meme to Workplace Age Discrimination

Conflict exists between every generation, at least to some degree, and this is not new. Advancements in technology, the status of the economy, and other large-scale factors create differences in perspective between older and younger generations. But employers should be vigilant and warn employees about the use of "Ok Boomer" and other age-related comments, as well as dismissive attitudes directed towards older workers. Given the prevalence of lawsuits alleging age discrimination and harassment, this latest popular phrase is cause for concern.

The phrase "Ok Boomer" is typically used by Generation Z (those born 1997 – present) and Millennials (those born 1981 – 1996) to dismiss the thoughts and opinions of older generations, namely Baby Boomers (those born 1946 – 1964). While this quip has its origins on the internet, it has worked its way into everyday use (e.g., a 25-year-old New Zealand lawmaker using "Ok Boomer" to silence a heckling older colleague's interruption during a climate change debate). Likewise, the workplace has not been immune to the use of "Ok Boomer." While not facially derogatory or demeaning, "Ok Boomer" is undeniably age-related, and its use in the workplace could lead to claims of discrimination or harassment if employers are not vigilant. What may start as banter between coworkers from different generations could lead to an expensive lawsuit.

The federal Age Discrimination in Employment Act (ADEA) and most state laws protect workers who are age 40 and older from age discrimination and harassment in the workplace. The ADEA, however, does not protect workers under 40 against age discrimination. Some states—including Florida, Maryland, Michigan, and New Hampshire—have state age discrimination laws that do not specify a minimum or maximum qualifying age for protection. Other states—like Iowa, Minnesota, New Jersey, New York, Oregon, and Vermont—set a minimum qualifying age of 18 for protection, while some—such as Georgia, Missouri, Nebraska, and New Jersey—set maximum qualifying ages of 70 for protection.

Because "Ok Boomer" is clearly an age-related comment, if an employer learns that an employee has used the phrase in the workplace towards an older worker, the situation should be addressed. While those saying "Ok Boomer" may not intend to offend and one-off use of the phrase may not be considered harassment, repeated use of it, particularly when directed at an employee over 40 with no management intervention, could rise to the level of severe or pervasive conduct that sufficiently supports an age-based harassment claim. As such, an employee who uses "Ok Boomer" should be counseled by management and advised that such comments are inappropriate in the workplace. This counseling should be documented even if an employee's use of "Ok Boomer" does not warrant formal discipline. Of course, if a younger employee supervises older workers, that employee should never utter comments like "Ok Boomer." In that event, the employer should take immediate action to prevent age-related comments towards older employees.

As mentioned above, in certain states, employers need to watch out for harassing or discriminatory remarks made about younger and older workers alike. It is not uncommon for Baby Boomers to claim that Millennials are "killing" previously popular industries and institutions like diamonds and the power lunch, and Boomers seem to pass judgement on Millennials, lamenting that they can't afford home ownership because they are spending too much money on avocado toast and fancy coffee. If derogatory comments about lazy or coddled Millennials seep into workplace conversation, it could be just as much of a basis for an age discrimination action as "Ok Boomer."

Regardless of state and federal laws, disparaging comments about any age should be prohibited in the workplace. Generational differences should be embraced to provide for a cohesive and welcoming work environment.