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

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

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Message 81 of 113

kc67458757,

I am sorry to hear about your experience at Target. In addition to our work to combat age discrimination, AARP also strives to educate employers about the value of older workers. AARP's Employer Pledge program is one way we seek to do that. The program highlights employers who pledge to promote equal opportunity for all workers regardless of age. For more on the program, see https://www.aarp.org/work/job-search/employer-pledge-companies/.

I wish you the best of luck in finding a rewarding opportunity that allows you make the contributions you have to offer. 

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

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Message 82 of 113

At age 63, with 35+ years of professional employment, I was not even granted an interview for a seasonal cashier position at Target.  Whereas I had been previously informed (second hand) by younger employees that Target offered much scheduling flexibility in terms of weekly hours and length of shifts, I was advised upon inquiry at a job fair, by the store rep, that shifts were normally 8 hours and very physically demanding.  This contradicts not only what this company promotes in its job postings, but what I had learned through word of mouth from younger employees.  Given the fact that I have been a loyal customer for over 30 years (verifiable), I was shocked and dismayed at the dismissive response I received, which I strongly believe was due to my age (63).  I am healthy, energetic and reliable; have many years of professional experience; and deserve more than perfunctory consideration for ANY job I am capable of performing, regardless of how much or how little the responsibility/compensation.  That said, I do not desire a professional position at this stage of my life.  I just want to continue helping people, contributing my broad skills, and earn a supplemental income without being written off due to my age.

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

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Message 83 of 113

CharleneC707364,

I am sorry to hear that you have encounterd such an age-related question so frequently. Although I shouldn't be surprised since AARP's 2017research study, the Value of Experience, found that among the 29 percent of survey respondents who had applied for a job or gone on a job interview in the previous two years, 44 percent had been asked to provide a birth date, graduation date or some other age-related information. While asking for birth dates or high school graduation dates is not automatically illegal, the information can easily be used to discriminate and these questions also often deter older workers from applying for jobs. That is why AARP has urged the EEOC to strengthen its regulations to make it clear that such inquiries are unlawful. 

I supposed you respond that you assume they are asking to make sure you are at least 18 and that you can assure them that you are, or politely ask them why they are asking. The one thing I would never do is give false information.  Thanks and best wishes in your job search.

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

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Message 84 of 113

After being bullied by a coworker, I was told it was a personality conflict.

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

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Message 85 of 113

I am finding that companies hang up after they ask what year I graduated from high school. Is there any recourse to get past that 2nd question--first being if I am a US citizen.

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

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Message 86 of 113

donnadjanderson,

The bill that just passed the House of Representatives does not address waivers and releases of rights under the Age Discrimination in Employment Act (ADEA). However, a law passed in 1990 - the Older Workers Benefit Protection Act (OWBPA), championed by AARP, established that waivers of ADEA rights and claims must meet strict requirements to be lawful. For individual terminations, amongst other criteria, the waiver must give you at least 21 days to consider signing the document, and must have told you that you had the right to revoke your signature within 7 days. It would have also had to specifically mention the ADEA. If the waiver didn't comply with the OWBPA's requirements, it would not prevent you from challenging your termination under the ADEA, although it might still be effective for waiving your rights under other statutes. However, if you want to consider filing a charge of age discrimination with the Equal Employment Opportunity Commission (EEOC), the federal agency charged with enforcing the ADEA, you should not delay. Charges must be brought generally within 300 days of the alleged discriminatory action - which would be sometime next month in your case.

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

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Message 87 of 113

In May, I was given an document that if I resigned, they would pay me til July, and if I signed I would not be eligible for unemployment.  ?Because I was completetly caught off guard I signd the document.  I am single 62 and believe it was age discremination.  There was no documentation stating I had any work issues, but my boss said we were not a good fit.  Even though I signed the document do I have any other options since this law passed

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

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Message 88 of 113

Gail1,

Early retirement incentives are lawful under the federal Age Discrimination in Employment Act (ADEA) so long as they are voluntary (i.e, no threats - take it or you'll be laid off if you don't), and so long as the amount of the benefit does not decrease with age or gets cut off at a certain age. I hope that answers your question.

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

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Message 89 of 113

If an employer is having some financial difficulties or wants to do some reorganization and layoffs maybe in the equation, is there anything wrong with offering early retirement before other decisions are made as to who might go and who might stay??


* * * * It's Always Something . . . Roseanne Roseannadanna
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Re: Ask The Expert: Age Discrimination in Job Search and the Workplace

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Message 90 of 113

AARP applauds the House's vote yesterday to pass the Protecting Older Workers Against Discrimination Act (POWADA). POWADA was first introduced, with AARP backing, to overturn a 2009 adverse U.S. Supreme Court decision, Gross v. FBL Financial Services, Inc., that made it much more difficult for older workers to prove age discrimination - more difficult to prove than other forms of discrimination, such as race, gender, national origin, or religion. POWADA restores the ADEA's burden of proof for age discrimination victims while sending a clear message that age discrimination must be treated as seriously as other forms of workplace discrimination.Under the Gross decision, courts were allowed to tolerate or overlook some amount of discrimination - under POWADA, the playing field is releveled and makes it clear that any amount of discrimination is unlawful. 

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