topic Re: Ask The Expert: Age Discrimination in Job Search and the Workplace in Work & Jobs

Ask The Expert: Age Discrimination in Job Search and the Workplace

AARPLynne — Thu, 09 Jan 2020 19:53:52 GMT

Have you ever seen or experienced age discrimination at work or feel that your age is negatively affecting your job search? About 3 in 5 workers over 50 surveyed by AARP think older workers face discrimination based on their age.

AARP Foundation Senior Attorney Laurie McCann is an expert in this field, with extensive litigation experience related to age discrimination and other employment issues.

Now thru Monday, January 27, Laurie is here to answer your questions on age discrimination in the workplace – and to address your options under the law and what you can do to protect yourself.

Re: Ask The Expert: Age Discrimination in Job Search and the Workplace

AARPLynne — Mon, 13 Jan 2020 17:21:00 GMT

Welcome everyone, let's get started! @lmccann58, what are some first steps a person should take if they feel they are being discriminated against at work based on their age?

Re: Ask The Expert: Age Discrimination in Job Search and the Workplace

lmccann58 — Thu, 16 Jan 2020 19:27:25 GMT

I always recommend that individuals keep a journal/list of any instances, i.e., an age-related comment, a younger, less qualified colleague who gets the promotion or training opportunity instead of you, so that if and when the time comes that you want to talk to a supervisor or HR department about the situation, or file a formal charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or state fair employment practice agency, you are armed with specific instances, dates, times, etc. Also, depending on the context and relationships - every situation is different - sometimes it helps to stand up for yourself - tell the person or persons who are making the age-related comments that in addition to being offensive, their remarks are unlawful.

@AARPLynne wrote:

Welcome everyone, let's get started! @lmccann58, what are some first steps a person should take if they feel they are being discriminated against at work based on their age?

Re: Ask The Expert: Age Discrimination in Job Search and the Workplace

js95173648 — Mon, 13 Jan 2020 18:44:41 GMT

After 38 years at a semi-autonomous public university in NJ, I was told that I was not performing at a level that the office can continue to pay me at. I went from a commendable employee in April 2019 to an unsatisfactory employee in October. I am an NL civil service employee and I work 15-24 hours additional to my 9-5 hours each week (without compensation). I was told that my performance level was not acceptable - after being handed back a portfolio of accounts that was originally taken away and given to a new FT hire because 1 person could not do it all.

Disgusted and unappreciated,

NJ Mom

Re: Ask The Expert: Age Discrimination in Job Search and the Workplace

gr6721 — Mon, 13 Jan 2020 19:14:34 GMT

Interviewed for a handful of positions commensurate with my skills, qualifications, experience, etc., only to be informed that I wouldn't "mesh with the other employees," wasn't a "personality fit," "they didn't know if you would be happy coming to work each day." Total BS. They'd apparently rather have employees who were younger, less experienced, etc. Those who are hardworking, reliable, responsible, dependable, etc. within my age range need not apply.

Re: Ask The Expert: Age Discrimination in Job Search and the Workplace

lmccann58 — Mon, 13 Jan 2020 19:25:21 GMT

js95173648,

I am very sorry to hear of your problems at work. Sudden, unwarranted, changes in performance reviews are often viewed with suspicion by courts and the EEOC in discrimination cases. If your employer has an mechanism for appealing or challenging a performance review, you may want to consider doing so.

Re: Ask The Expert: Age Discrimination in Job Search and the Workplace

lmccann58 — Thu, 16 Jan 2020 19:29:15 GMT

@gr6721, I agree with your assessment! At AARP, we have seen "not a good fit" all too often being used as euphemism for age discrimination. We will continue to monitor this trend and will strive to educate the courts to recognize when this pretextual explanation is being relied on by employers. We wish you success in your job search.

Re: Ask The Expert: Age Discrimination in Job Search and the Workplace

mh225809 — Mon, 13 Jan 2020 19:48:58 GMT

Here is the latest I saw in an ad for a professional position that I am well qualified for: "early career opportunity in ... ". This is definitely code for a younger, Millennial type of person. Feedback I have received from recruiters after an in-person interview has been a comment by the hiring manager, often middle aged himself/herself: "not what I expected". The time is now, today, to stop talking about age discriminiation and aegism in the employment hiring process and workplace and get off the dime about this, and rewrite the laws and policies to outlaw this misconduct by employers and HR staff. I am tired of contributing my anecdotal observations to forums like this. I want action for a change. Don't allow this to happen any longer. And, for defense and federal contractors in particular, restrict their rights to bid on proposals and contracts for some time period after it has been demonstrated they practice such discrimination via performance reviews, layoffs, demotions, retaliation for handling issues through internal channels, etc. And, don't forget that HR staffs, comprised of mostly women, BTW, function as gatekeepers for and hand maidens to upper management, so that they can keep their own jobs which are largely on overhead and not tied to lines of business and profits. GET OFF THE DIME NOW, TODAY. THIS CANNOT CONTINUE.

Re: Ask The Expert: Age Discrimination in Job Search and the Workplace

esanford — Mon, 13 Jan 2020 21:00:48 GMT

Yes. I have faced age discrimination more than once. First time I was in my early 50's. Department was looking to hire another admin. and one said to be sure not to hire anyone over 50. Many years later after moving to the north west I could only land temp jobs. I was over qualified for most jobs. I finally retired early at 62. We wanted to have steady income. I am 65 now but often wish I was still working.

Re: Ask The Expert: Age Discrimination in Job Search and the Workplace

lmccann58 — Thu, 16 Jan 2020 19:36:34 GMT

@mh225809, AARP agrees that older job applicants being able to challenge policies and practices that although do not mention age - clearly discriminate based on age. In our litigation and amicus work, we have challenged job requirements that impose a maximum years of service cap (Kleber v. CareFusion) and recruiting practices that focus exclusively on college campuses for certain jobs (Rabin v. PricewaterhouseCoopers). Unfortunately, the courts, for the most part, have been receptive and it is clear that an amendment to the federal Age Discrimination in Employment Act (ADEA) may be necessary to make it clear that age discrimination victims are entitled to the same rights and tools to challenge discriminatory practices as other discrimination victims. AARP is committed to continue to fight to ensure that age discrimination is viewed as seriously and challenged as vigorously as all other forms of discrimination. Thank you for your passion for this issue as well.

@mh225809 wrote:

Here is the latest I saw in an ad for a professional position that I am well qualified for: "early career opportunity in ... ". This is definitely code for a younger, Millennial type of person. Feedback I have received from recruiters after an in-person interview has been a comment by the hiring manager, often middle aged himself/herself: "not what I expected". The time is now, today, to stop talking about age discriminiation and aegism in the employment hiring process and workplace and get off the dime about this, and rewrite the laws and policies to outlaw this misconduct by employers and HR staff. I am tired of contributing my anecdotal observations to forums like this. I want action for a change. Don't allow this to happen any longer. And, for defense and federal contractors in particular, restrict their rights to bid on proposals and contracts for some time period after it has been demonstrated they practice such discrimination via performance reviews, layoffs, demotions, retaliation for handling issues through internal channels, etc. And, don't forget that HR staffs, comprised of mostly women, BTW, function as gatekeepers for and hand maidens to upper management, so that they can keep their own jobs which are largely on overhead and not tied to lines of business and profits. GET OFF THE DIME NOW, TODAY. THIS CANNOT CONTINUE.

Re: Ask The Expert: Age Discrimination in Job Search and the Workplace

lmccann58 — Mon, 13 Jan 2020 21:10:39 GMT

esanford,

I am so sorry that you faced such blatant age discrimination. More than 50 years after the enactment of the federal Age Discrimination in Employment Act (ADEA), age discrimination remains pervasive. AARP continues to fight to strengthen the ADEA so that it is an effective tool for challenging age discrimination. This week, we expect the House of Representatives to vote on the Protecting Older Workers Against Discrimination Act (POWADA), which would overturn a U.S. Supreme Court decision that raised the evidentiary burden for age discrimination victims.

Re: Ask The Expert: Age Discrimination in Job Search and the Workplace

BeatleloverKT — Mon, 13 Jan 2020 21:52:58 GMT

I was terminated in December 2018, four months after the death of my husband. I was the highest paid clinical person there and also had been there the longest, almost ten years. Was written up for made up bs incidents, all of which I rebutted to no avail. But that was just a cover for wanting to get rid of my salary/age. Now more than a year later, I have applied to more than 80 jobs. Those I were offered were so horrible or far away or such low pay or all of the above. I have been a Nurse for more than 40 years and have a wealth of knowledge to bring to any position. Instead, I feel I have been put out to pasture and I spend many hours daily searching for work that has kept me from properly grieving my husbands death and moving on with my life. Every job I even consider has age discrimination wording in it or they want a degree. At 63, that's just not an option for me. Most of the time I'm told "we've moved on with another candidate." I've grown to hate those words. I have taken to looking outside of Nursing, but those jobs will not pay my bills sadly. This is not the way I wanted to script my retirement.

Re: Ask The Expert: Age Discrimination in Job Search and the Workplace

lmccann58 — Thu, 16 Jan 2020 19:42:17 GMT

@BeatleloverKT, I cannot even begin to tell you how sorry I am about the loss of your husband followed by your termination from employment. Many people would have given up by now and I admire you for your perseverance. If you haven't done so already, reach out to your professional network. These relationships can be invaluable in making connections that can lead to an employment opportunity. You may want to consider volunteering or taking classes while you continue your job search. Either would help in maintaining your relevance, improving your optimism, and provide opportunities to network. Please know that I am hopeful that you find a rewarding job where people appreciate you very soon.

Re: Ask The Expert: Age Discrimination in Job Search and the Workplace

JaniceB554211 — Wed, 15 Jan 2020 03:59:53 GMT

I have experienced age discrimination.

i worked for the IAMAW and was told there was going to be a lay-off. They were asking the older people to retire to save a young persons job. I had 43 years of service and was 60 years of age. I really didn’t want to retire but gave in.

After the meeting which included a lawyer I wanted to say good bye to my friends but was asked to leave the building/property.

A few days after this I read the package of papers and saw that had I not retired, they would have layed me off.

i am humiliated and suffer from low self esteem. I had no retirement party and realistically I was kicked in the rear out the door.

Its been 2 years and I feel

I wasted my life in a job that claims they are for and protect their workers! I now realize it doesn’t pay to be devoted to a job.

Jan

Re: Ask The Expert: Age Discrimination in Job Search and the Workplace

Shirleystn — Wed, 15 Jan 2020 12:41:46 GMT

I feel your pain - literally. I have an ADVANCED degree in the field and am an RN with decades of experience and clinical as well as teaching awards. The short response to this is that a degree wouldn't help you at all. All that owuld help you is to have your daughter be pretty and sleep with the hiring manager. I hate it. You are already discarded in the very initial applicaiton because they can know your age simply by the other responses required of you in your online application. How can you get your masters degree in nursing in 1973 if you are a maximum of 30 years old? They can then drum up any of a plethora of other reasons why you were passed over. If nothing else, they will rush to find a younger person - ANY younger person, so that they can simply state that the position has already been filled.

I hate saying all this, but I too remain unemployed and I suppose it might be some small consolation to know that you truly aren't personally being singled out - only your age (and my own!)

Re: Ask The Expert: Age Discrimination in Job Search and the Workplace

lmccann58 — Wed, 15 Jan 2020 15:11:54 GMT

JaniceB554211,

Asking older employees to retire to save the jobs of younger employees is blatant age discrimination pure and simple. I am very sorry you had to go through such an experience. The premise of the Age Discrimination in Employment Act (ADEA) is that ability NOT AGE should determine an individual's employment opportunities. Thank you for sharing your story as it serves as an important reminder for AARP of how much work remains to be done to ensure that freedom from age discrimination is truly a civil right in this country.

Re: Ask The Expert: Age Discrimination in Job Search and the Workplace

m608032t — Wed, 15 Jan 2020 15:19:58 GMT

As background, I work at a large, public university. Most of our job opportunites are internal. In an update to our online HR information system, the date the employee is vested for retirement is now visible to anyone with access to our electronic system. Our rule is that the employee is vested for full retirement with either 15 years of service at age 62 or 25 years at any age. If the employee is eligible to retire after 15 years of service, anyone involved in hiring an internal employee can tell the year that employee turned 62.

I often make the second round of interviews, only to find after the in-person interview, that someone half of my age has been given the job; has been at the university less than five years, and is being paid thousand dollars more than I am. I am not ready to retire and advancement opportunities are non-existent with the addition of the retirement date to online records. This is especially difficult for women, who are often late-starters due to family responsibilites.

Re: Ask The Expert: Age Discrimination in Job Search and the Workplace

lmccann58 — Wed, 15 Jan 2020 15:21:05 GMT

Shirleystn,

Thank you for sharing your experience which serves to underscore just how pervasisve and serious the problem of age discrimination in hiring is. AARP is committed to urging Congress and the Equal Employment Opportunity Commission (EEOC), the federal agency that enforces the Age Discrimination in Employment Act (ADEA), to take steps to limit the ability of employers and online job search sites to screen out older applicants by asking for graduation dates, dates of birth and other fields that cannot by bypassed.

Re: Ask The Expert: Age Discrimination in Job Search and the Workplace

lmccann58 — Wed, 15 Jan 2020 15:26:19 GMT

m609032t,

I have to say I am shocked and dismayed that your employer allows such age-related information to be visible to those with hiring authority. If the potential for age discrimination - or at the very least, perceived age discrimination - hasn't been brought to the university's attention, I hope someone does so soon. I cannot think of why making that information visible is necessary and the potential for discrimination almost certainly outweighs any benefit from doing so.

Re: Ask The Expert: Age Discrimination in Job Search and the Workplace

donnadjanderson — Wed, 15 Jan 2020 15:41:47 GMT

Can I privately speak with Laurie?