With baby boomers now making up approximately 35 percent of the workforce, age discrimination has become one of the fastest growing, and most underreported forms of discrimination in the workplace. Between 1997 and 2018, approximately 423,000 Americans filed age discrimination claims with the U.S. Equal Employment Opportunity Commission, which averages out to approximately 19,200 per year and 22 percent of all workplace discrimination claims.?
Below are some of the facts I found most interesting for people to know about age discrimination in Missouri:
- It’s prevalent. A recent AARP survey found that nearly 1 in 4 workers age 45 and older have been subjected to negative comments about their age from supervisors or coworkers.
- The AARP also found that approximately 3 in 5 older workers have seen or experienced age discrimination in the workplace.
- The Missouri Human Rights Act prohibits all state employers and private employers with six or more employees from discriminating against persons between the ages of 40 and 70.
- Under Missouri law, it is illegal to advertise a job that includes age preferences or age limits within any aspect of the advertisement. Doing so is viewed as discriminatory against those 40 to 70 years of age, with the only exception being if that role has a “bona fide occupational qualification (BFOQ), which means the age category is proven to be reasonably necessary for that position’s regular duties. An example of this would be if the military or firefighters require new candidates start before the age of 30.?
- Only 3 percent of older employees have ever made a formal complaint of age discrimination to a government agency or an HR department in the workplace. This means there are most likely hundreds of thousands more who simply accept the job rejections, being passed over for promotions, endure the workplace discrimination, or allow themselves to be pushed into retirement.?
- Three of the most prominent areas in which workplace age discrimination happens in are: Recruitment and hiring - Favoritism being shown to younger applicants due only to their age. On-the-job bias - Older workers being given fewer training opportunities, promotions, bonus stipends, or other career advancement opportunities. Termination - A company “replenishing” or “freshening up” its workforce which reduces company or department budgets by targeting senior employees for layoffs or harassment around retiring.
- Other forms of ageist workplace discrimination include holding back raises, terminating solely due to an upcoming pension qualification, not giving equal pay, and refusing to help with that person’s career development.?
If you or someone you know has experienced age discrimination, feel free to send me a message, or give us a call at (816) 792-4400. At Liberty Trial Law, we look forward to helping you get justice.?
