Recent lawsuits filed by the Equal Employment Opportunity Commission (EEOC) and employees have hit larger companies with charges of age discrimination. In these suits, employees and the EEOC are helped in proving age discrimination by phrases used by leaders and managers at the organizations. Asking for people “early in their career” who are “digital natives” is a common practice in some workplaces. Calling people who are older “dinobabies” and laying off older workers because “we need to keep up with the next generation” are all things that were allegedly said by executives in large companies. Such statements found in emails and voice mails make cases easy to prove. In certain industries, such as technology, some appear to view age discrimination as the norm.
The Age Discrimination in Employment Act (ADEA) protects workers who are 40 and older. It “prohibits discrimination in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, benefits, and any other term or condition of employment,” according to the EEOC’s website. You can learn more about age discrimination laws in this Employers Council whitepaper.
In addition to its unlawfulness, discriminating against older workers is a poor strategy. Hiring based on youth alone makes assumptions about older and younger workers’ abilities, instead of reviewing an individual’s knowledge, skills, and abilities. When companies create systemic discrimination, it becomes acknowledged and accepted within the organizations, making it more difficult to defend it in a lawsuit. Additionally, it becomes easier for workers to file a class action lawsuit, which is expensive and detrimental to the health of the business.
The workforce is aging. Older employees are looking for and finding jobs with companies that understand the value of experience and wisdom. The best workplaces have employees of all ages doing the work each is suited to do based on their abilities. If you need help recruiting the best people at your workplace, Employers Council can help. Contact us at info@employerscouncil.org.