GHRO recently posted a blog about age discrimination and younger workers, and how Generation Y’s stereotypes unfairly prevent them from getting hired. While no law protects young workers from ageism, the Age Discrimination in Employment Act (ADEA) of 1967 protects employees over age 40 from traditional age discrimination. Based on this law, the U.S. Equal Opportunity Employment Commission received 22,778 charges of age discrimination in 2009 alone, of which the commission resolved 20,529 and recovered over $72 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation). Age-related charges make up roughly one quarter of all discrimination charges filed with the commission. Despite the number of age-related claims falling since 2008, ageism remains a potential problem for employers, particularly in this volatile economic climate. So what is age discrimination and how can it be prevented?
Under the ADEA, older workers may not be discriminated against in any aspect of employment, including hiring, termination, wages, job duties, promotions, layoffs, training, and fringe benefits. Even companywide policies that adversely affect applicants and employees over age 40 may be illegal if they are not based on a reasonable factor beyond age. While those factors are controlled at the management level, the ADEA also protects older workers against harassment, which can be perpetuated by all levels of the business: supervisors, coworkers, even clients and customers. Age-related harassment includes making age-related remarks. Even if such remarks don’t seem to be serious, they can have a severe impact on older workers and can create a hostile work environment.
Training can help raise employee awareness of discrimination and can curtail such remarks. It may surprise many employees to learn that extensive researched has shown no correlation between age and job performance. In fact, a seasoned veteran can bring hard-earned experience and positive mentoring opportunities to the business. Older workers typically show better judgment and care when performing their duties. They are also less likely to arrive late to work, to be absent, or to quit. To prevent age-related harassment, educate employees that all employment-related comments and actions should focus on job performance, not employee age. Also post an anti-discrimination policy that includes harassment definitions, solutions, consequences, reporting processes, grievance procedures, and anti-retaliation language.
Such simple, proactive measures can go a long way toward eliminating ageism in the workplace. The goal is to create an environment where employees of all ages feel welcomed, included, and valued.
