The Last Acceptable Prejudice

2017 marked the 50th anniversary of the Age Discrimination in Employment Act  (ADEA) which provides protection to individuals aged 40+ from discrimination in employment.  Age discrimination occurs when an employer treats an employee or an applicant less favorably because of his / her age.  

But where are we now? 

In 2017 over 18,000 cases were filed with the EEOC alleging violation of ADEA.  Of those cases, less than 2.5% were found to have "reasonable cause."

In a June, 2017 article by the American Bar Association, "the need to ensure equal employment opportunities regardless of age continues to be an important public policy and civil rights concern. Older workers may be unfairly stereotyped as close-minded, less productive, less adaptable to new technology and ideas, slower, less physically active, and more prone to sickness."

As Baby Boomers continue to age they face discrimination in layoffs and hiring. Organizations eye senior employees as candidates for layoffs or forced retirement due to their compensation levels, perks, pensions, healthcare costs, etc.   These same factors become barriers to their hiring because potential employers can hire a less experienced candidate at a reduced compensation.

While the ADEA makes it illegal to discriminate against workers age 40 and up, the exact rules aren't always crystal clear.  Here's a few interesting facts:

1. Age discrimination is illegal at any stage of employment.  This includes hiring, promotions, raises and layoffs.
2. It is legal for employers to ask your age as well as the date you graduated from school. 
3. There is a gender difference in the perception of age discrimination.  Men are less likely to feel they are facing discrimination.

Ensure your internal processes are legal, equitable and fair!