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!

2018 EEOC Report Shows Spike in Sexual Harassment Charges

In fiscal year 2018 the EEOC saw an increase in sexual harassment charges over 2017 numbers.  The EEOC filed 66 harassment lawsuits, including 41 that included allegations of sexual harassment.  These preliminary numbers reflect more than a 50% increase in suits challenging sexual harassment over fiscal year 2017.  As a result, the agency has put a new emphasis on anti-harassment efforts, focusing on training and enforcement of anti-discrimination laws.

The numbers:  The EEOC recovered almost $70 million for sexual harassment claims in fiscal year 2018.  This is an increase from $47.5 million in fiscal year 2017.

"The EEOC's innovative training program "Respectful Workplaces," which teaches skills for employees and supervisors to promote and contribute to respect in the workplace, was in high demand since it was launched in October 2017.  Over 9,000 employees and supervisors in the private, public and federal sector work forces participated in Respectful Workplaces trainings this past fiscal year.   An additional 13,000 employees participated in the EEOC's anti-harassment compliance trainings."

Cathy Ventrell-Monsees, a senior attorney adviser to the chair of the EEOC, stated that sexual charges increase and decrease in response to major national events.  Early reports reflect that #MeToo may be one of those events prompting a spike in claims.

In closing, never turn a blind eye to potential or actual acts of harassment in your organization.  Be proactive.  Address the situation.  Alternatively you may find yourself on the receiving end of an EEOC claim.