A COUNTRYWIDE TRAGEDY: AGE DISCRIMINATION IN THE USA

A COUNTRYWIDE TRAGEDY: AGE DISCRIMINATION IN THE USA

If you happen to be employed and over 50 years of age, it is extremely likely that you will eventually, and sooner than later, lose your job neither through your decision nor anything that you have done or didn’t do –and that’s a real tragedy in our country!

If you happen to be unemployed and over 60 years of age, odds are highly unlikely that you will land a job, no matter how healthy, educated and experienced you are, no matter how successful, talented and skilled you are, and no matter how flexible, committed and determined you are –and that’s another real tragedy in our country!

We focused on workers who enter their 50s with stable, full-time jobs and who’ve been with the same employer for at least five years — those who HRS data and other economic studies show are least likely to encounter employment problems. We considered only separations that result in at least six months of unemployment or at least a 50 percent drop in earnings from pre-separation levels.

While some employees over 50 years of age are enticed by their employers to quit or retire, the majority of these employees are forced out or kicked out of their jobs with no notice and no legitimate reason from their employers. The steadiest and most solid American employees who are in their 50’s, working long hours and holding long-tenured positions, constantly report that they are being abruptly pushed out of their jobs by their employers.

That said, the tragedy is clearly defined with the sad fact that the scale of damage sustained by older employees is quite substantial and life-changing. According to the U.S. Census Bureau, there are currently 40 million Americans that are 50 and older who are working. The data suggests 55-60% of these folks have been or will be fired, laid off or pushed into retirement. Of these 22,000,000 to 24,000,000 employees, a mere 2,000000 may or will recover –a real tragedy indeed.

It breaks my heart to read about the total frustration and inexplicable loss of control that older employees feel at having their long-tenured successful experience, in-depth knowledge, business savvy and financial acumen work against them, as their expectations come undone and their lives fall apart.

Nobody plans to lose their job. If there’s work to do and you’re doing it, you figure you’ll get to keep doing it,” he said recently. But once employers start pushing people out, no amount of hard work will save you, he added, and “nothing you do at your job really prepares you for being out” of work.

Although for 50 years it has been illegal under the Federal Age Discrimination in Employment Act for employers to discriminate against or mistreat older employees, discrimination, mistreatment, and injustice continue to take place, nothing has been done to stop it or enforce the law.

Recently, year after year, the majority of new so-called retirees were laid off or forced into retirement, yet only a few have been hired that are over 60 years of age.

The following is factual information on Age Discrimination that you can use if you choose to fight for your rights

What you need to know about the Age Discrimination in Employment Act:

Age discrimination in the workplace persists as a serious and pervasive problem. Charges of age discrimination spiked during the Great Recession. It’s not easy to win if you file a complaint, but there are ways to bolster your case. Read on to learn about the law that protects you and what you can do if you or someone you know becomes a victim of age discrimination.

The Law

The Age Discrimination in Employment Act (ADEA) is a federal law that protects workers and job applicants age 40 and over from age-based discrimination in all aspects of employment. The ADEA does not apply to elected officials, independent contractors or military personnel. The law does apply to:

Employers with at least 20 employees

Employment agencies

The federal government

State and local government (though remedies are often limited)

Labor organizations with at least 25 members

In addition, every state has a law that prohibits age discrimination in employment. Most state laws apply to employers with fewer than 20 employees, and often provide stronger protection for older workers than federal law.

The time limits for filing complaints and the procedures for resolving them differ from state to state and from the federal ADEA. The Workplace Fairness website provides information on each state’s discrimination law.

How the ADEA Protects You

The ADEA prohibits age discrimination in decisions about hiring, firing, layoffs, pay, benefits, promotions, demotions, performance reviews or any other condition of employment.

Under the ADEA, employers can’t:

Mention age or say that a certain age is preferred in job ads and recruiting materials; it is questionable but not automatically illegal to ask for date of birth or graduation on a job application

Set age limits for training programs

Retaliate against you if you file charges of age discrimination or help the government investigate charges

Force you to retire at a certain age (except for a few narrow exceptions)

The law also prohibits policies and practices that have a “disparate impact” on older workers. These are policies that appear to be age-neutral but fall more harshly on older workers. An example is a school district that announces it won’t hire teachers with more than 20 years of experience. Policies or practices that have a disproportionately adverse impact on older workers are unlawful unless the employer can prove they are based on a reasonable factor other than age.

Employee Benefit Protections

Under the ADEA, you can’t be denied the opportunity to participate in your employer’s benefit plans because of your age. Employers also can’t reduce benefits based on age, unless the cost of providing the benefit increases with age. In these instances, the employer must incur the same cost for providing the benefits to older workers as it does for younger workers in order to comply with the ADEA.

For example, the cost of providing life insurance increases with age. An employer does not violate the ADEA if it spends the same amount to buy life insurance for younger and older workers, even though the younger workers receive greater coverage for the same premium.

Pursuing a Claim

You have the right to pursue a claim if you feel you are a victim of age discrimination. Judging older workers on the basis of age rather than abilities is wrong, and age discrimination can have devastating effects on the financial security of workers at the time and into retirement. It’s a hard case to bring and a hard one to win, though. It can also be emotionally and financially draining, and you may never get your day in court. Talk with your family, and take the uphill nature of the battle into account.

Before you file a complaint, consider negotiating with your employer first or using your company’s established grievance system. If your case is strong, you may be able to persuade your employer to settle with you. Research shows employers are inclined to settle out of court in cases where employees have solid evidence of age bias.

If you decide to move forward, it’s important to have a strong case. Make sure to document remarks by your managers and others that you perceive as discriminatory. Keep emails and any other documentation that helps your case. Then take these steps:

File a charge with the federal Equal Employment Opportunity Commission (EEOC)

This step comes before you can file a lawsuit. Call the EEOC at 800-669-4000 or visit the EEOC website for details on how to file a charge. If at all possible, file a charge within 180 days of the discriminatory action or when you first became aware of the discriminatory action, whichever occurred first. In some states, the time limit for filing a charge is extended to 300 days. However, filing within 180 days is recommended, to be on the safe side. 

The EEOC will notify the employer of the charge and will investigate it. If the EEOC determines that the charge has merit, it will attempt conciliation. This means the agency will try to persuade the employer to voluntarily eliminate and remedy discrimination. If conciliation is not successful, the EEOC will decide whether to take legal action on behalf of the charging party. It is important to note that the EEOC does so in an extremely small percentage of the charges it receives.

The EEOC website offers more information on age discrimination.

Find a lawyer

Get in touch with an employment lawyer in your state to talk about the merits of your claim and what you need to do under state law. You can find employment lawyers through the National Employment Lawyers Association: www.nela.org.

File your lawsuit

After the EEOC has terminated its proceedings on a charge, the agency will issue a “right to sue” letter. In age discrimination cases, you don’t need to wait for this letter before filing a case in federal court. You can file your lawsuit at any time from 60 days after you file with the EEOC and up to 90 days after you receive the “right to sue” letter.

The ADEA offers important workplace protections, but it doesn’t stop some employers from running afoul of the law’s requirements. Be aware of your rights, and then carefully consider the pros and cons of pursuing a case before you act.

Finally, an appeal from the heart

As Joseph Josephson always said, “Character Counts”!

I always coached my direct reports not only “To do the right thing” but also “To do what is ethically, morally and culturally right”.

I kindly and respectfully appeal to every Leader, President, Chief Executive Officer, Entrepreneur, and hiring-decision individual to strongly and seriously consider hiring qualified older folks, be it 50 years of age of 70 years of age and over.

Qualified older people are truly a treasure to be respected, admired and cherished, as not only they will successfully drive your business to greater heights, but they will also effectively act as “role models” and “mentors” to your younger employees –hence the secret to success in any forward-thinking organization!

If you want proof of it, just look at any successful sports team, top to bottom, coaches to players, it is a healthy balanced mix of young and old.

All it takes is the power of one to be daring different and first –and set the stage for “DOING THE RIGHT THING”!

Happy Sailing!