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Savvy Senior: Age can be a drawback in workplace

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By Jim Miller / Columnist

Dear Savvy Senior,
The company I worked for recently laid-off about ten of its sales staff, including me, due to budget cuts. But after talking with one of my former fellow workers we both realized that everyone they fired was over the age of 55, while the younger sales staff – who are paid less – kept their jobs. How can I find out if I have an age discrimination case here, and where can I turn for help?
Laid-off Larry

Dear Larry,
To learn more about age discrimination in the workplace and what your options are, contact the Equal Employment Opportunity Commission (EEOC). They are the federal agency responsible for enforcing anti-discrimination laws. Here’s what you should know.

Age Discrimination
Most people, when they think of discrimination, they think of race or gender. But, if you’re at least 40 years old, and have been harmed by a decision affecting your employment, you may have suffered age discrimination. The Age Discrimination in Employment Act (ADEA) is a federal law that protects workers from employment discrimination based on age. Here are some examples of age discrimination:

  • You didn’t get hired because the employer wanted a younger-looking person to do the job.
  • You received a poor job evaluation because you weren’t flexible in taking on new projects.
  • You were fired because your boss wanted to keep younger workers who are paid less.
  • You were turned down for a promotion, which went to someone younger hired from outside the company, because the boss says the company needs new blood.
  • When company layoffs are announced, most of the persons laid-off were older, while younger workers with less seniority and less on-the-job experience were kept on.

    ADEA
    The ADEA protects workers and job applicants who are 40 years of age or older from employment discrimination based on age. This applies to all private employers that have 20 or more employees including federal, state and local governments. If your workplace has fewer than 20 employees, you may still be protected under your state age discrimination laws. To find out your state law requirements, contact your state labor department or your state fair employment office.
    Another protection for older workers is the federal Older Workers Benefit Protection Act. Under this law, an employer cannot reduce health or life insurance benefits for older employees, nor can it stop their pensions from accruing if they work past their normal retirement age. It also discourages businesses from targeting older workers when cutting staff and prohibits employers from forcing employees to take early retirement.

    Filing a Charge
    If you think you are a victim of employment age discrimination, your first step is to file a charge with the EEOC within 180 days from the date of the alleged violation. You can do this at your nearest EEOC office either in person, by mail or over the telephone. To find your area office see www.eeoc.gov/ offices.html or call 800-669-4000. They will help you through the filing process and let you know if you should also file a charge with your state anti-discrimination agency. You also need to know that proving any type of employment age discrimination has historically been very difficult. In 2004, only 17 percent of the age discrimination cases that were filed with the EEOC had favorable outcomes.
    But hopefully, with the U.S. Supreme Court’s recent discrimination ruling in favor of older workers, the numbers will increase.

    Savvy Resources

  • Equal Employment Opportunity Commission: Provides information and services to help protect individuals against all illegal discrimination in the workplace. Visit www.eeoc.gov or call 202-663-4900.
  • Workplace Fairness: A nonprofit organization that offers vast information, education and resources on employee rights. Visit www.workplacefairness.org.

    Send your senior questions to: Savvy Senior, P.O. Box 5443, Norman, OK 73070, or visit www.savvysenior.org. Jim Miller is a regular contributor to the NBC Today Show and author of “The Savvy Senior” book.

    • Posted in News

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