How to triumph over age discrimination

“Discrimination due to age is one of the great tragedies of modern life. The desire to work and be useful is what makes life worth living, and to be told your efforts are not needed because you are the wrong age is a crime.”

Johnny Ball

Age discrimination is rampant. It usually begins around 40 for most people, but can certainly start earlier in some industries, especially information technology. Age discrimination is so pervasive that many people just accept it as an inevitable problem they cannot solve. It often feels like the five stages of grief, with the last stage being acceptance. But although age discrimination can certainly seem insurmountable and intractable, there are strategies that can help minimize its consequences.

Common methods and rationales

It is very easy for employers to covertly and surreptitiously engage in age discrimination. A simple Google or LinkedIn search is usually enough to discover the approximate age of most applicants. Online job applications can also easily be constructed and engineered to deliberately exclude older applicants. The algorithms used in applicant tracking systems can be designed to require applicants to include the date they graduated from college, or to automatically exclude applicants with too many years of experience. 

Employers of course vociferously deny that they ever discriminate against job applicants because of their age, or for any other reason. Most job postings in fact say that all applicants will be considered without regard to their age or any other legally protected status. But many employers are still privately reluctant to hire older workers, and typically cite one or more of the following shopworn shibboleths as their rational for not doing so:

1. Older workers are “overqualified” for and will therefore be unhappy in many lesser positions. This supposed unhappiness will negatively affect the quality of their work, and cause them to quickly leave for a “better” position. The employer will then have to spend precious time and money to refill the position.
2. Older workers will not accept a younger boss.
3. Older workers are more expensive. They have more health problems, and will therefore increase the health insurance costs of the employer. They also expect a higher salary.
4. Older workers are not “tech savvy,” and are generally unwilling to learn new skills.
5. Older workers are not “team players.”

Proving age discrimination

Age discrimination is notoriously difficult to prove. In Gross v. FBL Financial Services, Inc. (2009), the Supreme Court ruled that employees must show by a preponderance of the evidence that age discrimination was the primary reason for their claim. This is sometimes called the “but for” standard, and is extremely difficult to satisfy. “To establish a disparate-treatment claim under the plain language of the ADEA, therefore, a plaintiff must prove that age was the “but-for” cause of the employer’s adverse decision.”

Consequences

Age discrimination is one reason many older workers simply stop looking for work. This skews the unemployment rate since people who stop looking for work are no longer counted as unemployed. Some workers accept a low wage job where the demand is so great that employers cannot engage in age discrimination. Others drive for Uber, Lyft, or Amazon, even though the “competition is cutthroat,” and the jobs often pay very little after expenses. 

One consequence of age discrimination is that many older workers exhaust their savings just to pay basic expenses. That is especially likely since wage growth has been stagnant for 40 years, and the cost of childcare, healthcare, housing, and other basic necessities is constantly increasing. But society also suffers. Older workers shunted into low wage jobs are more likely to need social services, many of which are publicly funded. We also lose their millions of years of combined experience in thousands of industries, as well as billions of dollars in tax revenues on the higher wages they are not earning.

The sad reality is that it is impossible to prevent age discrimination, especially since the laws prohibiting it are difficult to enforce and easily circumvented. But it is nonetheless still possible to find work, if you “think outside the box,” and relentlessly pursue every employment opportunity, no matter how unconventional. Here are three strategies that will help you do so.

Increase your networking

Eighty-five percent of all jobs are filled through networking. People hire people they know, or that are recommended by someone they trust. Most employers would much rather do that than post a job online.

Better and more effective networking will improve your job prospects. This article I wrote has some common networking strategies that everyone can use. You must have as much direct contact with people as possible, including by joining organizations, and attending local events. You can find many local events on Eventbrite. Be sure to collect and distribute business cards at every event. Then send a short email to each person you met that summarizes your meeting, your background, and the type of work that you are seeking.

LinkedIn is a great networking resource. You should use it to find and connect with your former coworkers and employers. Click on the search bar next to the blue LinkedIn icon. Use the drop-down menu to search for people, jobs, or content. Pick people first. The next screen has more drop-down menus. For “Connections,” start with your 1st level connections. For “Locations,” select or add the location where you want to work. “All Filters” has even more categories. In the search bar, type in some of the keywords or phrases for your industry, including your core competencies, skills, and job titles. Then send a connection request to some of the people you identify. Unless you use an InMail (LinkedIn premium members only), you are limited to 300 characters in connection requests.

“Easy Apply”

Applying online should be a small part of your job search. Very few people even get a job interview by applying online. Completing most online job applications is also a cumbersome, frustrating, and time consuming process. That is why many people abandon online applications.

The first positions you should therefore consider when applying online are those on LinkedIn that allow you to apply using its “Easy Apply” feature. This feature allows you to apply for a position just by uploading your resume. You can then use LinkedIn to find the hiring manager at that employer, and send them an InMail saying that you have applied for the job in question. You should also include your resume as an attachment.

Work as an independent contractor

Another strategy is to offer to work as an independent contractor on a project by project basis. Independent contractors are already quite common, and they may constitute as much as 50% of the workforce by 2027. Working as an independent contractor is obviously not ideal, because “gigs” by their very nature are intermittent, and also typically provide no benefits. But that can ironically increase the compensation, especially if you are experienced. Working as an independent contractor will also at least provide some income and networking connections. 

The best time to begin working as an independent contractor in the “gig” economy is while you are still employed. This will allow you to finance your “gig,” and provide some revenue if you do lose your job. You will also have more time to solve any problems associated with your new business before having to rely on its revenue as your primary source of income.

You should consider forming an LLC if you decide to work as an independent contractor, and then include it as your current employer on your resume, and in your LinkedIn profile. This is much better than calling yourself a â€œconsultant” or “job acquisition specialist.” Be sure to name and describe some of your projects and clients.

You can create an LLC by yourself or hire a company. I used Registered Agents Legal Services, LLC to create my LLC, Turning Prose Into Profits. You can obtain an Employer Identification Number (EIN) from the IRS for your LLC, which should also have its own bank account. (Most financial institutions will not allow you to set up a bank account for your LLC without an EIN.) Then link your business bank account to your PayPal account. I like PayPal because it allows you to create and mail simple invoices that you can personalize by adding your company logo. You can find free pictures to use as a company logo on Pixabay.

Marketing and branding are critical to the success of every business. An industry genius with no marketing and branding skills is the professional equivalent of a Ferrari with no gas. Think Natalia and Allen Gannett are personal branding experts with many free articles and videos.

Maintain your self-esteem and self-worth

Combatting age discrimination is mentally and physically exhausting. But it is imperative that you maintain your self-esteem and self-worth. Family members and friends are your greatest source of encouragement and strength, followed by having and implementing a daily plan about how best to network for a new job or find clients as an independent contractor. Stay busy and productive, by networking, establishing an LLC, volunteering, and taking classes. Participate in life. Do not be defined by your employment status. You are a real person with great achievements. Never stop searching for the one employer or client who truly appreciates and understands your value as an employee and a person.