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Re: Age Discrimination in Job Search and the Workplace

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Message 11 of 127

Age discrimination is - and has always been one of AARP's top's priorities. We have advocated on behalf of every significant amendment to the ADEA and we also file friend-of-the-court (amicus curiae) briefs in important age discrimination cases in state and federal appellate courts and especially the U.S. Supreme Court. We also directly represent individuals in cases that we believe we set precedent for age discrimination victims in addition to the plaintiff(s) in the particular case.  An example is the Kleber v. CareFusion case that has been discussed in this discussion where AARP Foundation attorneys represent Mr. Kleber in his challenge to a maximum years of experience requirement. We also strive to educate the media, the public and other attorneys about the ADEA and age discrimination and held several significant events to celebrate the 50th anniversary of the enactment of the ADEA last year.

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Re: Age Discrimination in Job Search and the Workplace

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Message 12 of 127

Although it's not a panacea, the press does do a fair amount of stories about age discrimination and older workers.  I am one of the attorneys with AARP Foundation Litigation (AFL) and we recently received great coverage of the settlement of one of our litigation cases.  We represented two Ohio State employees who sued the university after they suffered egregious age-based harassment and were ultimately terminated. See http://www.dispatch.com/news/20180613/women-who-sued-ohio-state-for-age-discrimination-hope-others-b.... Hopefully, the press coverage this case received (the New York Times had done a previous story about the case) will help in deterring other employers from acting similarly.

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Re: Age Discrimination in Job Search and the Workplace

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Message 13 of 127

Hello @di9363, I am one of the attorneys that works for AARP Foundation Litigation and I am my colleagues are counsel for Mr. Kleber in the Kleber v. CareFusion litigation in the Seventh Circuit. We believe that the job description you encountered is discriminatory. Did you apply for the position? The action you should take is to file a charge with the Equal Employment Opportunity Commission (EEOC), which is the federal agency that enforces the ADEA.  You should file the charge on behalf of yourself and all others similarly situated and you should make sure that you say that you belief the maximum years of experience requirement discriminates against you - and that it has a disparate impact on all older workers.  I am happy to help you with this if it is something you want to pursue.  Please don't hesitate to contact me directly at lmccann@aarp.org.

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Re: Age Discrimination in Job Search and the Workplace

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Message 14 of 127

@perryj165369, if you were asking me.  I figure we are all old enough to know how to spend our money.  I am a bit hard on AARP because I think they could do a good deal better but at least we have some orginazation who feels kindly twards old people. We need that!  If you are on medicare, their supplimental is one of the best for the buck.  Dues is insignificant and is easly swallowed by health care savings or going to the Outback twice.

 

What is your beef?

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Re: Age Discrimination in Job Search and the Workplace

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Message 15 of 127

uh.... so you think AARP taking seniors money is a good business model? OK

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Re: Age Discrimination in Job Search and the Workplace

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Message 16 of 127

Protest only works if the news decides to cover the story. Guess what. The news doesn't want to cover a story about age discrimination. So go ahead an protest all you want. No one will hear you.... This country is screwed. We have seen the best of America in ourt times. I have my doubts if it even makes another 10 years..

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Re: Age Discrimination in Job Search and the Workplace

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Message 17 of 127

Gail:

 

I already knew and understood your repetition of information about "it has to go to the courts" and "precedent" and all that.  Most of it is basic Civics 101. Please don't patronize me and others on this board. Most of us are well educated and already understand how courts work. Of course I agree with your explanatory statements of fact about how the U.S. legal system works. 

 

What I disagree with is the assertion that "Protest doesn't work."  Immediately, you're correct: It doesn't usually work if the goal is immediate change.  What protest does accomplish is giving an issue publicity and traction so that (hopefully) enough people (especially those with the power to do something) urge legislators to change things or to bring lawsuits themselves.

 

Protest lights a fire under people to get them to care enough about something so they can DO something about the problem.  But if you want instant gratification, you're correct: Protest doesn't typically do that.  Still, that's no reason for anyone to sit at home on their **bleep** and gripe without doing anything. 

 

 

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Re: Age Discrimination in Job Search and the Workplace

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Message 18 of 127

@perryj165369, They don't WANT money they need money to stay in business just like you need money to live. I don't like trivializing anyone/thing trying to survive.  That is an important truth in life.

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Re: Age Discrimination in Job Search and the Workplace

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Message 19 of 127

@GailL1, I can dissagree.  MLK got it right.  The 60s protests were so effective because they were non violent.  TV had cops beating the protesters that were just stating a point.  That created huge sympathy for the cause.  Most of the US abhore violance.  Violent protests generate at least as much backlash as support.  Violance is a sign of crazy and unhinged. The crazy just don't get that because they are crazy!

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Re: Age Discrimination in Job Search and the Workplace

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Message 20 of 127

@JulieK260428 wrote:

>Rights enthusiast who march, protest, rant and rave, seek media attention to matters by their voice and >actions, etc. only give one side of the issue - the other side does their own of the same sometimes.  >They don't actually fix anything, they just get possible attention.  Any actual fix is done in the Courts.

 

Disagree.  Protest is exactly how issues get onto the public's radar.  Just look at the #meToo movement and the Florida school shooting efforts.  Have they solved the problem completely? No, but that's too much to expect of them.  Instead they get the causes out there for discussion everywhere and the courts then MUST listen.  Witness the CA judge recently voted out of office for going easy on sentencing of a college kid found guilty of rape.   The school shooter protests have gotten some incremental change in Florida where pretty quickly the state raised the age to buy a gun to 21.

 

Try telling the '60s civil rights protesters that protest doesn't "actually fix anything."  It's one of the few things, if done right, that DOES change things. 

 

Besides, we have the right to protest.  It's the way people all over the world make their voices heard.  If it "didn't work" people would have stopped protesting long ago.

 

 


NEW Laws come from a governing body - Congress at the Federal level, so, yes protest, rant and raves, media attention might direct them to work on a new law but that too has to go through a process and then it could still be challenged in a Court of law by somebody bringing a court action.

 

If a problem involves a law change or modification, somebody still has to take it to Court for the law to be scrutinized.  It may have to go all the way up to the SCOTUS as our Court system hierarchy works.  A case has to set a precedent* for the laws interpretation and all the justified appeals have to take place.

 

Precedent. In common law legal systems, a precedent, or authority, is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other legal body to rule along these lines for cases going forward.

 

Like I said, protest, media attention, rant and raves on either side, or both,  of an issue can bring and keep focus on an issue but if it involves a Law, then their has to be action via a case in the Court system.

 

Just like one of the issues we are talking about here - the law, the ADEA, has been and is being challenged by not employees but applicants for employment and what might be the standard for a potential employers to set as a maximum line of experience.

 

Since there most times two sides to every story or two participant classificatns in each challenge, each with a point of view, there has to be a ruling by the Courts as to what is fair and just when a challenge to a law is made.  It is not always just a black and white or right or wrong issue - lots of grey area.

 

How else could it be done when challenging a law or even part of a law that is already on the books?

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