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

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Message 11 of 113

Hellio,

 

I was laid off 2 years ago., when I was 65. Subsequently, I found out they only lays off folks who were over 60. All of us were immediately replaced by younger folks.  I received severance (one week for each year I was with the company). But, I had to sign an agreement stating that I would not fight or question the layoff in any way. Is this legal? I know the layoff targeted seniors.  Do we have any recourse?

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

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Message 12 of 113

Our entire department was dismantled (State of California), and no alternative jobs were offered, despite our being trained in the duties of other departments.  I have noticed that job ads are now requiring applicants to be a "digital native".  In other words, someone who grew up using computers (Millennials and younger).  At age 67, I do not fit into that category, although I have always excelled in my various jobs which have utilized technology.  

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

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Message 13 of 113

Yes. Constantly. Even though I have extensive experience, I get turned down constantly. Saying someone has closer skills. 

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

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Message 14 of 113

I wouldn't doubt it!  

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

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Message 15 of 113

I'm going to be the "elephant in the room" on this topic; I do not want to offend; however, some will be.

 

At age 58, jobless (outsourced offshore), homeless (living in a shelter when beds were available), I applied for (using public library computer), tele-interviewed (via public library pay phone), then in-person interviewed (arriving via public busses) with an entire Team of 15 people.

 

I knew I was qualified (would not have applied if not) but also realized the job market at the time was overwhelmed with many qualified candidates. I don't recall ever thinking my age was a factor, but maybe it was.

 

I received the job offer while searching for other opportunities online, again on public library  computer). To say I was stunned and grateful would be an understatement.

 

I have since retired, but during my employment at that last job I learned many things:

 

  • I was the self-designated granny  in an office of almost 100 wonderful people; they all felt comfortable coming to me and I felt comfortable asking them any questions I had about almost anything.

 

  • I feel all are extended family and continue to care about them and their families, and will always.

 

  • I hope their experience working and sharing with me influences their attitudes 20, 30, even 40 years from now, and they embrace being the elder in a positive way.

 

  • As someone said some time "Age is a number; old is an attitude..."

#VegasStrong
Phil Harris, actor and showman, to John Fogerty of CCR: “If I’d known I’d live this long, I’d have taken better care of myself.”
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Re: Ask The Expert: Age Discrimination in Job Search and the Workplace

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Message 16 of 113

MarcS444110,

Yes, the lawyer you spoke to was correct. The federal Age Discrimination in Employment Act (ADEA) only applies to employers with 20 or more employees, and the Arizona statute that prohibits age discrimination only applies to employers with 15 or more employees. 

I am sorry to learn of your termination and wish you luck going forward.

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

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Message 17 of 113

TamaraH570525,

Thanks for the call to action! One thing that eveyone can do is to contact their senators and ask them to support (and vote for!) the Protecting the Older Workers Benefit Protection Act (POWADA) that recently passed the House of Representatives. POWADA restores the burden of proof for ADEA claims after the Supreme Court increased the evidentiary burden for age discrimination victims in 2009. It sends a message that freedom from age discrimination should not be a second class civil right.

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

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Message 18 of 113

deborahsd,

While the Age Discrimination in Employment Act (ADEA) allows employers to offer early retirement incentives, they must be voluntary. The ADEA does not define "voluntary," but veiled threats of terminations or retaliation if one does not take the incentive can be evidence of involuntariness. I assume you will be asked to sign a waiver of your rights and claims under the ADEA to receive severance.  Keep in mind that the ADEA establishes strict requirements for such waivers one of which is that you have to be given at least 45 days to decide whether or not to sign it. 

I am really sorry you are going through this. Please let me know if you have additonal questions.

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

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Message 19 of 113

TamaraH570525,

While that is often the case, every situation is different. However, the most important thing to keep in mind is that if one chooses to wait to file a formal charge with the EEOC until after discussing the issue with their HR department, the time limitations for filing the charge is not tolled. So, it is critical not to lose sight of the time limits for filing a charge - which is generally 300 days after the alleged discrimination action and in some states it is only 180 days.

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

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Message 20 of 113

Neil0926054,

The article you shared is very disappointing and demonstrates how our society doesn't view age discrimination as seriously or as wrong as other forms of discrimination. Can you imagine the outrage of the protected category in that headline was something other than age? Thank you for sharing.

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