Ruth felt like her boss was picking on her. He approved a management course for a co-worker, but denied her request. Then she was asked to move to a smaller office to make room for a younger, less experienced person. This after Ruth's 30 years with the company - and a great record.
Are you a senior and think you're getting the short shrift at work without cause? It could be a case of age discrimination.
Some employers try to cut costs by discouraging certain employees from staying. This could include higher-paid workers or those who cost the company more in pension and health insurance - which often means older adults. Other biases about older adults may be at play, too - such as the notion that seniors are less adaptable to new technology.
As a result, seniors may face what has been called the "gray ceiling." This is age bias that makes it harder for them to get hired, promoted or treated fairly. In 2006, the Equal Employment Opportunity Commission (EEOC) received 16,548 charges of age discrimination.
Protected by law
Do you think you are being treated unfairly at work because of your age? If so, you are protected by the Age Discrimination in Employment Act of 1967 (ADEA). This federal law protects employees and job applicants, age 40 and above, from differential treatment based on age. This may involve hiring, firing, pay, promotions, layoffs, benefits, assignments and training issues. The Older Workers Benefit Protection Act of 1990 further prohibits employers from denying customary benefits to working seniors.
Both of these acts are enforced by the EEOC. The laws apply to most private and public-sector employers with 20 or more employees.
Retire on your own terms
An employer cannot make you retire as long as you fulfill your job duties. Age limits are only legal when an age-related condition could impair your performance. This could apply if you are a firefighter or pilot, for instance.
You may be offered "early retirement." This is voluntary, though, and usually comes with increased retirement benefits or severance. Employees taking this option need to waive their ADEA rights.
Taking action
Age discrimination is often subtle and hard to prove. You will need solid evidence of your charges. Many cases are investigated and dismissed before they get to court.
If you decide to take action:
- First, talk to your manager. Discuss the unfairness you perceive and try to resolve it. If that doesn't work, you may need to go a level higher or to a human resources manager.
- Check with a state or city fair employment practice agency, if available. They will look into your case and provide local assistance.
- File a federal age discrimination charge with the EEOC. You can do this in person at a field office, over the phone or by mail. You'll need to give a detailed account of events, including dates, supporting documents and any witnesses. The EEOC will follow up with both you and your employer.
- Go to court and file a private suit against your employer within 90 days if the EEOC dismisses your case. Seek counsel from a labor lawyer.
If the EEOC or a judge decides your charges are valid, you may recover back pay, get a job back or have other problems redressed. The company will also need to take corrective action so discrimination does not occur again.
