The Unfair Game
Age is just a number, not a measure of competence or potential, experience as an assistant is not a legal requirement, but a professional asset.

The Unfair Game

Bonnie Marcus, a certified executive coach, author, and international speaker who writes about topics such as gendered ageism, women’s leadership, and career advancement. shares her personal experience of ageism in the workplace and how to fight it in her article “How to Fight Ageism at Work”. She writes:

About 10 years ago, my boss, mentor, and close friend Angelina — who was then in her early 50s — lost her job at our well-known and respected Fortune 50 manufacturing company after working her way up to the executive suite.

In the year before, I had noticed some subtle and troubling things about how she was being treated. I would attend a meeting and discover Angelina hadn’t been invited. She was also asked to take on assignments well beneath her skill and talent level. Something didn’t add up.

When I asked the CEO about this, he said, “Listen, Angelina has been in this business a long time. Maybe she’s just tired, that’s all.” Angelina was anything but tired. That’s when I knew two things for sure: tired is an ageist code word for old and marginalizing someone is an effective way to get them to choose to leave, taking the employer off the hook.

She wrote this article to share her personal experience of ageism and to offer some tips and strategies for older workers to combat ageism in the workplace.

Some of her suggestions include:

? Be aware of the signs of ageism: such as being excluded, ignored, or overlooked for opportunities, assignments, or recognition.

? Challenge the stereotypes: such as being too old, too slow, or too resistant to change. Show your value, skills, and achievements, and demonstrate your willingness to learn and adapt.

? Build your network: such as connecting with people of different ages, backgrounds, and levels, and seeking mentors, sponsors, and allies who can support you and advocate for you.

? Speak up: such as expressing your opinions, ideas, and concerns, and asking for feedback, guidance, and assistance when needed.

? Take care of yourself: such as maintaining your physical, mental, and emotional health, and investing in your personal and professional development.

Quote: “Ageism is the discrimination of people based on their age. While ageism is more common among older workers, younger employees experience it, too, and this is called reverse ageism.”

With that quote, let us delve into another similar episode of the most insidious form of unfair game:-

Nymphadora Tonks had been working at public institution named TechCorp for over 20 years, starting as a junior programmer and rising to the position of software specialist. He had never been promoted again.

He watched younger and less experienced colleagues rise above him, while he remained stuck in the same position. He had contributed to many successful projects, mentored many junior colleagues, and earned the respect of his peers and clients. He loved his job and was proud of his work.

However, things started to change when TechCorp was privatized and hired a new CEO, Mr. Lucius Malfoy, who had a vision of transforming the company into a "young, dynamic, and innovative" organization.

Mr. Malfoy brought in a new HR team, who implemented a new performance appraisal system, which heavily favored employees with university degrees, college diplomas, and other award certifications.

Nymphadora, who had learned programming on his own and never attended college, found himself at a disadvantage. He also noticed that his age, 51, was becoming a factor in his evaluations, as he was often compared unfavorably to younger and less experienced employees.

Nymphadora was frustrated and demoralized. He felt that his contributions were not valued or recognized. He also felt that he was underpaid compared to his peers. He had a family to support, and he struggled to make ends meet. He wanted to quit, but he knew that finding another job would be difficult, especially in the current economic situation.

Nymphadora noticed that the company was hiring more and more young graduates, who had fancy degrees but little practical knowledge. They were paid higher salaries than him, even though they often needed his help and guidance. They also got more recognition and promotion opportunities, while he was stuck in the same position for years.

Nymphadora felt that he was being marginalized and underpaid for his experience and expertise. He wondered if it was because he did not have a university degree, or because he was too old, or because he did not fit in with the new culture. He felt that the company was playing an unfair game with him, and he did not know how to win.

Nymphadora tried to adapt to the new system, but he felt that his skills, experience, and achievements were being ignored and devalued. He also felt that his salary, which had been stagnant for the last few years, was not commensurate with his contributions and responsibilities.

He requested a raise and a promotion, but he was denied by his manager, who told him that he had to "prove himself" in the new system. He felt hurt and frustrated, but he did not want to quit his job, as he had a family to support and a mortgage to pay.

One day, he decided to confront his human resources manager and ask for a raise and a promotion. He prepared a list of his accomplishments and the value he brought to the company, which he believed was higher than the market median for his position. He hoped that the hiring manager would see his worth and reward him accordingly. But he was wrong.

The manager dismissed his request, saying that he had already reached the promotional bar, was overpaid for his skills and market value, and did not have the potential to grow or room for improvement.

“You can forget about getting a promotion or a raise, because you are already overpaid who can't do anything right or learn anything new. You are stuck at the bottom of the ladder, and you have no future here,” the manager said.

He also accused him of being complacent, resistant to change, and out of touch with the latest trends and technologies. He told him that he should be grateful for having a job at all, and that he should work harder to prove himself.

Nymphadora was shocked and hurt by his manager's words. He felt that he was being treated unfairly and unjustly and realized that he had no future at TechCop.

Things got worse when TechCorp announced a major restructuring, which involved laying off many senior employees and outsourcing some of the work to cheaper vendors. Nymphadora was among the employees who received a termination notice, along with a severance package that was far below his expectations.

He was shocked and angry, and felt that he had been betrayed by the company that he had served loyally for so long. He tried to negotiate a better deal, but he was told that he had no choice but to accept the offer or face legal action.

Nymphadora left TechCorp with a bitter taste in his mouth, feeling that he had been marginalized and underpaid for his work. He wondered how he would find another job in a market that favored younger and more qualified candidates.

He also wondered how he would cope with the loss of his identity and purpose, as he had defined himself by his work for so long.

He felt that he had been treated unfairly and unjustly, and that his career had been ruined by a system that did not value his human dignity and worth. He felt like a victim of corporate greed and discrimination, and he so wished that one day he could get justice and recognition for his work.

He decided to seek legal advice and assistance and found out that he had a case against TechCorp for violating the laws and regulations that protect workers from age discrimination and unfair dismissal. He filed a lawsuit against the company, hoping to get compensation, reinstatement, or other remedies.

He won his lawsuit against TechCorp and received a substantial amount of money and an apology from the company. He had overcome the unfair game that TechCorp had played with him, and he had won. He had turned his life around, and he was proud of himself.

*********************

What happens when a company plays an unfair game:

Marginalization is a discriminatory practice that affects both younger and older workers. It involves exclusion from meetings, denial of resources, limited access to opportunities, spaces, or services, and more. Essentially, it pushes employees to the sidelines of the company, rendering their contributions undervalued.

One common motive behind marginalizing older employees is to coerce them into leaving the organization of their own accord.

Age discrimination of senior workers is not only illegal in many countries, but also harmful for both employees and employers. It can lead to lower morale, productivity, and innovation of the affected workers, and higher turnover, litigation, and reputational damage of the organizations.

This is why the lawsuit filed by the senior staff in the most insidious form of unfair game story includes claims of illegal retaliation, emotional distress, and wrongful termination.

Marginalization of senior staff can occur when they are perceived as skill obsolescence, less valuable, less competent, less confident than their younger or more educated counterparts.

This can result in a loss of motivation, engagement, and productivity for the affected employees, as well as a loss of talent, diversity, and innovation for the organization.

Causes and consequences of this phenomenon, why company see some workers marginalized and underpaid:

? They may perceive older workers as less adaptable, less creative, less tech-savvy, or more expensive than younger workers.

? They may want to reduce costs by replacing older workers with younger and cheaper ones, or by avoiding paying severance or retirement benefits.

? They may have a bias or preference for workers who are like themselves or fit a certain image or culture of the company.

? They may not value the skills, knowledge, and experience that older workers bring to the table, or they may feel threatened or intimidated by them.

? Unequal personality trait assessment: This is when the same behavior or trait is judged differently based on the age, gender, or other demographic of the employee. For example, a young male manager who shows assertiveness may be seen as taking charge, while an older female employee who does the same may be seen as bossy or rude.

? Lack of confidence assumption: This is when the confidence or competence of an employee is underestimated based on their age, gender, or other demographic. For example, a quiet or reserved older employee may be seen as less confident or capable than a loud or outspoken younger employee, even if they have the same or higher level of skills and experience.

? Ageism and education bias: This is when an employee is discriminated against or treated unfairly based on their age or level of education. For example, an older employee with years of practical experience may be overlooked for a promotion or a raise in favor of a younger employee with a higher degree, even if the latter has less relevant knowledge or performance.

Consequences of marginalization:

? Older workers may feel demotivated, disrespected, isolated, or depressed, which can affect their mental and physical health, as well as their performance and engagement.

? Older workers may decide to leave the company voluntarily or involuntarily, which can result in a loss of skill, expertise, and institutional memory, as well as increased recruitment and training costs.

? Older workers may file complaints or lawsuits against the company for age discrimination, which can be costly, time-consuming, and damaging to the company's reputation and brand.

? The company may miss out on the benefits of having a diverse and inclusive workforce, such as improved creativity, innovation, customer satisfaction, and market share.

? One possible consequence is that it can reduce their motivation, engagement, and productivity according to a study by the Society for Human Resource Management (SHRM).

? Another possible consequence is that it can damage the diversity and inclusion culture of the organization. Marginalizing behaviors can create a hostile and unwelcoming environment for underrepresented employees, who may feel that their contributions are not valued or respected.

? Another possible consequence is that it can limit the opportunities for reskilling and upskilling of the workforce. Investing in retraining, reskilling, and upskilling improves the employability of all workers throughout their lives.

Ways to prevent and address marginalization:

? Raising awareness and providing training: This is when the organization educates its managers and employees about the value and benefits of having a diverse and inclusive workforce, and the harmful effects of marginalizing and underpaying senior experienced staff. This can help to reduce stereotypes, biases, and prejudices, and foster a culture of respect and appreciation.

? Providing feedback and recognition: This is when the organization provides regular and constructive feedback and recognition to its senior experienced staff and acknowledges their contributions and achievements. This can help to boost their confidence, motivation, and engagement, and show them that they are valued and respected.

? Investing in reskilling and upskilling: This is when the organization offers opportunities and resources for its senior experienced staff to learn new skills, update their knowledge, and adapt to changing technologies and demands. This can help to enhance their employability, performance, and career development, and show them that they are supported and empowered.

? Implementing and enforcing anti-discrimination policies and practices, such as fair and transparent hiring, promotion, compensation, and performance evaluation processes.

? Providing training and education for managers and employees on the value of diversity and inclusion, and the impact of ageism and stereotypes on older workers.

? Creating a culture of respect and appreciation for older workers, and providing them with opportunities for recognition, feedback, mentoring, and career development.

? Offering flexible work arrangements, such as part-time, remote, or phased retirement options, that can accommodate the needs and preferences of older workers.

? Leveraging the skills, knowledge, and experience of older workers, and encouraging collaboration and knowledge sharing across generations.

These are some possible consequences of marginalization and underpayment of some senior, and most experienced workers for the reasons such as lack of university education, age, skill obsolescence and other issues. However, there may be other factors and perspectives that need to be considered in each specific case.

Ageism is a pervasive and insidious problem that affects the rights and dignity of older people in various aspects of life. It can also have negative impacts on their health, well-being, and productivity.

Conclusion:

Marginalization at work is a clear indicator of ageism. In fact, it’s the most insidious form, and it’s demoralizing. Ageism is a form of discrimination based on age that can affect workers mostly over 50 years or older in various ways, such as being denied opportunities, training, promotions, or fair pay. It can also create a hostile or uncomfortable work environment where older workers are stereotyped, harassed, or ignored.

Age discrimination at work is illegal according to various laws and regulations that prohibit treating an employee or applicant less favorably because of their age, but it can be hard to prove and challenge in court. Some of the laws that protect against age discrimination are:

? The Universal Declaration of Human Rights, adopted in 1948, which states that everyone is entitled to equal rights and dignity regardless of age or other factors.

? The International Covenant on Economic, Social and Cultural Rights, adopted in 1966, which recognizes the right of everyone to social security, adequate standard of living, health, and education, and prohibits discrimination based on age or other grounds.

? The International Covenant on Civil and Political Rights, adopted in 1966, which guarantees the right of everyone to life, liberty, privacy, fair trial, freedom of expression, and participation in public affairs, and prohibits discrimination based on age or other grounds.

? The Madrid International Plan of Action on Ageing, adopted in 2002, which provides a comprehensive framework for addressing the challenges and opportunities of ageing populations and promoting the full participation and inclusion of older persons in society.

? The Political Declaration and Madrid International Plan of Action on Ageing, adopted in 2012, which reaffirms the commitment of the member states to implement the Madrid Plan of Action and to protect and promote the human rights of older persons.

? The Age Discrimination in Employment Act (ADEA), which applies to employers with 20 or more employees and covers all aspects of employment, such as hiring, firing, pay, promotions, benefits, training, and harassment.

? The Age Discrimination Act of 1975, which applies to programs and activities that receive federal financial assistance and prohibits discrimination based on age for any age group, unless there is a reasonable factor other than age that justifies the difference in treatment.

? Section 188 of the Workforce Investment Act of 1998 (WIA), which applies to programs and activities that are part of the One-Stop system or receive WIA Title I financial assistance and prohibits discrimination based on age, as well as race, color, religion, sex, national origin, disability, political affiliation or belief, citizenship, or participation.

? Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (South Africa), which aims to prevent and prohibit unfair discrimination and harassment, and to promote equality and eliminate unfair discrimination.

Wishing you a Merry Christmas and a Happy New Year 2024! ??????????????????♂?

"Hogwarts in da hood".

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