Age Discrimination and Employment

Although the Age Discrimination Employment Act of 1967 (ADEA) states that it is illegal to discriminate against individuals forty and over; are employers still discriminating against age? The answer is a definite yes. Age discrimination is difficult to prove because of the tactics of the business world. It's often their word against yours and unless in writing or witnessed by someone else besides your self it is almost impossible to prove.

For example, a well known retail firm within walking distance from my home was asking for seasonal help, and applications were being taken on line only. On November 2, I decided to apply so that I would have extra money for the holidays. While filling out the on-line application, I noticed that I was asked for my birth date as well as my Social Security number. A notification on the application stated that the birth date was to help identify who I was and not for hiring purposes. The person who would interview me if selected would not be given this information. I tried to leave the area requesting my birth date blank, but I was informed that my birth date was needed to complete the application, thus I filled it in. At the end of the application, I was given a list of days and times to be interviewed to choose from. I chose Wednesday November 7, at 1:00 p.m. for the interview. I received an e-mail later confirming the appointment, and also telling me to go to the Service Desk for directions to Human Resources.

Upon arriving at the retail store, I was told at the Service Desk that the person that does the interviewing was not in on Wednesdays. When I explained that I had a 1:00 appointment, I was asked if I filled out the application on- line. I replied that according to the store notifications all applications were on-line only, and I had received an e-mail confirming the appointment. The woman at the Service Desk stated that the information in the e-mail was incorrect and to leave my name and address and I would be called the following morning.

I hadn't heard anything the following day so I called the retail store and asked for Human Resources. I was told that they were not hiring. I brought up about the appointment on Wednesday, and being told to leave my name and phone number. I was then asked if I received a phone call from the person interviewing, I stated no, just an e-mail confirming the appointment date. I was then told that the information on the computer was incorrect, null and void, they were no longer hiring and to have a good day. Was this an act of age discrimination or merely the truth but handled incorrectly? If I were told the truth, that it was a computer error, then why wasn't I notified the following morning? I believe that this was age discrimination but have no way of proving it. I then decided to do some research on age discrimination and found the following information.

The Age Discrimination in Employment Act of 1967 does more than just make it illegal to discriminate against individuals 40 and over. This act makes it illegal to fire anyone because of age, to save money by keeping younger less paid individuals working. According to the ADEA employers can not refuse to train older employees and then given them a lower performance rating due to lack of flexibility on the job. Employers can not deny promotions, benefits, compensation, or job assignments. Nor can an employer state that he or she needs new blood and hire from the outside, denying that particular job to an older employee who is capable of doing the work requested. The employer can not deny training and then use the low performance rating to fire an older employee. http://www.eeoc.gov/facts/age.html

However, with some jobs setting an age limit is justifiable, but only if the job falls under the BFOQ, or Bona Fide Occupational Qualifications. For example, some businesses can set an age limit if safety is an issue such that of an air plane pilot, and can be proven. Also age limitations can be set if the age in question can create problems within a business such as using a 60+ year old male model for teenage clothing. http://www.aarp.org/money/careers/employerresourcecenter/law/exceptions_to_the_adea.html It is not illegal to put an age limit to various listings of jobs in the paper or on-line if they fall under the BFOQ rulings and can be proven by the employer.

What are signs of age discrimination?

1. Some of the signs of age discrimination are the indications that the employer is looking for someone younger than your self. Although you have all the qualifications mandatory for the job, the employer states that you are not what they are looking for.

2. Your working for the company and you apply for some of the training courses being offered and your employer refuses to let you take them. Later your employer gives you a low performance rating and uses this rating to demote or fire you because of your poor performance or lax of flexibility.

3. Your employer laid you off or fired you and kept younger lesser paid employees to save money.

4. You were turned down for the promotion and your employer hired someone younger from the outside because he or she wanted new blood.

What can you do?

The first thing is to have a talk with your employer and find out the reasons why you are being denied training, demoted, laid off or fired, If talking does not help, then take action using other measures. First of all call the EEOC (Equal Employment Opportunity Commission) 1-800-669-4000, or go to www.eeoc.gov and get the listing of the local office in your area. You must file within 180 days of the discriminating act. Filing can be done at the office, by person, or through the mail. The EEOC or a private lawyer will tell you what information to bring and what all is needed. When taking the information in make certain that it is date and time stamped. The EEOC will get in touch with the company that you have filed against, and will make the decision to go to court or to drop the case. If you agree for mediation you do not lose any rights. Keep in mind that age discrimination is very difficult to prove. http://www.aarp.org/money/careers/jobloss/a2004-04-28-agediscrimination.html

Take this Quiz and see how much you actually know about age discrimination.

http://www.aarp.org/bulletin/yourlife/Articles/a2003-08-27-age_quiz.html