Age Discrimination Issues in the Workplace

Age Discrimination Issues in the WorkplaceAge Discrimination Issues in the WorkplaceJob seekers are reportingage discriminationbeginning as early as the mid-thirties. In fact, in some industries, youre considered to be washed upby the time you reach your forties. But what can you do when youre considered to be too old to be hired? How do you fight age discrimination in the workplace? For a start, there are laws that prohibitemployment discriminationbecause of age. In addition, there are a few strategies you can use to help mitigate age discrimination issues. What is Employment Discrimination? Employment discrimination happens when a job seeker or an employee is treated unfavorably because of his or her race, skin color, national origin, gender, gender identity, disability, religion, sexual orientation, or age. The Gray Ceiling What is the gray ceiling and why does it matter? The gray ceiling is a term used to describe theage discriminationthat many older job seekers and emplo yees face while theyre searching for jobs or seeking promotions. Even though employers arent supposed to discriminate based on how old you are, getting hired can be a challenge when youre consideredtobean older worker. And you dont need to have gray hair to be considered too old to get hired. Percentage of Older People in the Workforce When the House of Representatives voted unanimously to repeal the Social Security earnings cap in an amendment to the 2000 Senior Citizens Freedom To Work Act, their rationale was that removing the previous earnings limit would enable mora older Americans to return to work. About 18.8% of people over the age of 65 worked in 2016, according to thePew Research Council. TheNational Council on Agingreports that, by 2019, over 40% of people overtheageof55 are expected to be working. This will constitute 25% of the U.S. labor force. Age Discrimination Issues In addition to being considered old, experienced candidates are sometimes considered to be m ore of an expense (higher salary, pension, benefits costs, etc.) than a younger applicant would be. This isnt uncommon, and the numbers are sobering. If youre middle-aged or even younger, keep in mind that youre not alone Workers over the age of 45 are unemployed longer than younger workers.By 2024, the number of employees over 55 years of age will reach 41 million, compared to 27 million in 2008.More older workers are considering postponing retirement and continuing to work. However, research has found no relationship between age and job performance. Just because youre older doesnt mean youre better or worse than younger workers. Age Discrimination Law If you believe you have been discriminated against because of your age, there are protections provided by age discrimination law. Federal LawThe Age Discrimination in Employment Act of 1967 (ADEA) protects employees 40 years of age and older from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment. The ADEA applies to employers with 20 or more employees, labor organizations with more than 25 members, employment agencies, and federal, state, and local governments. It does not apply to independent contractors or military personnel. Thisfederal law is enforced by theEqual Employment Opportunity Commission(EEOC). However, a 2019 court ruling determinedthattheADEA does not apply to job applicants. It remains to be seen if this decision will be appealed or if Congress will enact any further legislation clarifying the issue. Thelanguage to date on the EEOC websitestill refers to protections for job applicants. State LawsEach state has its own lawsproviding protection for older workers. These may provide stronger protectionsfor older workers than the federal law. Such laws often apply to most or all employers,andnot just those with 20 or more employees. Consult yourstates department of laborfor information about laws in your location. Employer Policies Many employers have policies in place prohibiting hiring managers from advertising jobs in a way that would weigh against older candidates or practicing any form of age discrimination. The Society for menschengerecht Resource Management (SHRM), the preeminent professional organization in the field, recommends hiring the best candidate for the job regardless of age in itsguidance to members. After reviewing any state laws regarding age discrimination, candidates who suspect discrimination should consultanHRprofessional, particularlysomeone charged with diversity compliance at thecompany, to see iftheyhavea policy related to age discrimination. Filing a Discrimination Charge Be aware that the ADEA prohibits advertising that a certain age is preferred for a position, limiting training to younger workers, and in most cases requiring retirement at a specific age. Any individual who believes that his or her employment rights have been violated may file a charge of discrimination with the EEOC. Heres howFiling a Charge of Employment Discrimination. Age Discrimination and Job Search Options What options are there for those potential employees who are considered old by hiring managers and companies? How can you address the perception that older workers are not as capable or as qualified astheiryounger counterparts? There are strategies older job seekers can implement to help expedite a job search, and to find gainful and meaningful employment. For the older applicant, its especially important to utilize the available resources for finding attractive positions, as well as to be aware of the angeschlossen protocols for applying for a position. For example, here aretips for job searchingand writing resumes and cover letters specifically tailoredtoolder job seekers. Job Search Tips for Older Workers There are ways you can tweak your resume to minimize the impact of being consideredan older job seeker When you write your resume,limit your exp erience to 15 years for a managerial job, 10 years for a technical job, and five years for a high-tech job.Leave your other experience off your resume or list it without dates in an Other Experience category.Consider using afunctional resume rather than achronologicalresume. In addition, itwouldhelp to review thesejob searching tips for older workers. Plus,you can take a look at someresume tips for older job seekersalong with a fewcover letter tips for older job seekersaswell. Age Issues and Interview Success Its important to emphasize the positive when interviewing Project yourself as cheerful and flexible and back that up with proof of your skills and successes.Review the benefits of older workers- commitment to a career, hands-on experience, a track record of success, stable and realistic expectations- and think about how they apply to you.Use storytelling techniques to back up your claimstothese skills.Relate examples of hard work, extra hours devoted toajob, and physically demanding outside interests that demonstrate vitality.Exude energy and enthusiasm in your verbal and non-verbal communication. Finally, review thesejob interview tips for older job seekers. Age and Salary Issues Let potential employers know that you are flexible. Even though you may have earned six figures per year in the past, perhaps you no longer need that much,or maybe youre willing to accept a lower salary to get your foot in the door. If thats the case andsalary requirementsare expected to be included in your cover letter, mention that your salary requirements are flexible or negotiable based upon the position and the entire compensation package, including benefits.