Age Discrimination in the Workplace

Lior and Lumi discuss one of our most requested topics: age discrimination. How can it be proven? What are employee rights? What are employers allowed to do?

[patrickrichmond]

I love the video. If you want to be a hiring manager, NEVER go and impose upper age limits like in the low 30s. This is NOT American Idol. If you open a business, tell your hiring manager to never impose any maximum age limits to work at your place. Not unless you want to pay a very steep fine.

[joannevans]

I am 61 years of age. In my last 2 interviews, with two different companies, the hiring manager said they were looking for longevity. Meaning, they want someone who can be there a long time in the job. For the first company I interviewed with they gave reason for no hiring me as not having enough leadership experience in one area - even though it was clear on my resume and they choose to interview me anyway. No employees in both companies for the department I was interviewing had longevity. The department tenures where right in line with statistics across the US. I feel they told me they wanted longevity because they were telling me they didn't think I'd stay long or was too old. Age discrimination? EVERY TIME I interview in my field the hiring manager is half my age or close to it.

[markd]

The laws in place protecting people from age discrimination are very clear and are constructed in such a way that makes it near impossible to prosecute perpetrators successfully. The recognizable signs of the acts of age discrimination, both overt and covert, are so well known, and hence avoided by the perpetrators, that the possibility of any legal success in prosecution of the offense is impossible…relatively. The usual offenders can either afford to employ a legal department or keep legal counsel on retainer to protect their interests...individuals typically cannot afford this luxury, and when they can afford to hire an attorney, the attorney is normally not competent enough to beat the defense of a corporate legal team….and they know it. If a victim is LUCKY enough, an employer will settle out of court for very little. Most older employment candidates are eliminated through the physical interview stage as it is impossible to hide the signs of aging. If the interviewer is unable to assess an age range visually, there are questions that are employed in ferreting out the age of a candidate, which is age discrimination, but again, impossible to prove within current law as interviewers are “coached” on how to employ these tactics that skirt detection. HR departments are the first line of defense for employers whose agendas are less than ethical. An HR department is nothing more than risk management employed with the task of protecting the interests of the company. They are not there to protect employees and are used to warn the company of potential problems, but make no mistake, the employee’s best interests are not their concern. Any HR employee who denies this, is either working for a truly great company, is new, naïve, trying to keep their job or flat out lying. Employers use instructional videos that all employees are required to view, that address these laws, so employers can “wash their hands” of any liability, while they themselves practice the abuse of age discrimination without repercussion. There are several reasons why the success rate of offender prosecution is negligible. States that are in the “Right to Work” category, enjoy bathing in the ability to execute an age-based termination without ethical justification or having to prove why. States outside of the “Right to Work” category, work around existing laws to obtain a “reason”, but again, under the counsel of legal counsel to avoid detection of the act of age discrimination as defined by current law. This burden falls on the victim who can nether prove, much less afford to prove the act of discrimination. The EEOC who is in place to provide protections in this area has proven to be useless in its management of age discrimination claims and does little to nothing to help the victims. There is also no money to be made in the attempt to prove age discrimination, so victims are further victimized by a system designed to protect the perpetrator…not the abused. If you want proof of this, ask an ethical attorney, otherwise be prepared to pay without a favorable outcome. Employers are “encouraged” by health organizations to “find ways” to keep costs low and in so doing age discrimination is employed through the use of higher premiums as a deterrent and/or termination of the aging worker. Many employers will choose to wait to eliminate an aging workforce through upcoming layoffs…another impenetrable age discrimination tactic used for decades by unethical employers. Many employers will load more work onto an older worker intentionally to either cause the employee to fail in their ability to meet new ridiculous job requirements and/or quit as a result. These tactics also result in the diagnosis of PTSD in victims whose attempts to meet unrealistic employer expectations fall short, which is a heinous tactic that should never be allowed and can cause serious, if not fatal consequences for the victims…indirect murder. This results in what we currently have today, which are useless laws that are used to identify “what” are considered valid examples of age discrimination, as defined by current law, used by legal counsel to “coach” the perpetrators avoidance rather than ethical governance of a fair, just, and non-discriminatory work environment. IF these laws worked, we would see an equitable distribution of ages represented in the workplace, but that is not the case. While there may be a few instances, they are far and few between and few employers demonstrate that equitable age distribution is being practiced in the workplace today. We all suffer from age-based discrimination…some of us sooner than others but one day it will happen to all of us who are lucky(?) enough to last that long.

[praveenchawla]

This is a valuable topic but getting proof of age discrimination is always difficult. One way proof may be obtained is by statistical analysis, i.e., if we can obtain data via discovery that most people which an employer are letting go are over a certain age and most people the employer is hiring are below a certain age. This can show a pattern, that the company is managing its workforce towards a younger demographic. Of course employers would be very reluctant to share data and would require a discovery motion.

[Me]

I was a manger at a major nonprofit in Portland. I was told to never hire anyone over the age of 50.

[personalinjuryshow]

Valuable information, thanks for sharing.

[malikmalik]

I want to be a correction officer in cook county jail but Im 53 what can I do? the cut off is 35. Help! I really want this job.