Legal Protection for Older Employees

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sealFifty years ago, President Lyndon Johnson signed a very important piece of legislation – the Age Discrimination in Employment Act of 1967 (ADEA). Now that law is “middle aged,” but it is more important than ever to millions of senior Americans.
The ADEA banned age discrimination against workers over the age of forty, and also specifically prohibited discrimination in hiring, promotions, wages, and termination of employment and layoffs. Beginning in 1986, the ADEA also prohibited mandatory retirement in most sectors. The ADEA applies to businesses that employ a minimum of twenty workers on a regular basis within a calendar year.
Unfortunately, many older workers still feel that they are the victims of subtle (and sometimes overt) discrimination. This situation continues today, even though seniors make up a larger and larger portion of the American workforce. In 2017, seniors and Baby Boomers (aged 50+) comprised about 25% of the total workforce and that share is projected to reach 35% of all workers by 2022.
Last year, the AARP conducted a survey of older workers, trying to discover how well the ADEA is (or is not) working to provide legal protections for senior workers. The bottom line is that older workers are still feeling the effects of age discrimination. 61% of the senior workers said that they had either been the victim of age discrimination or witnessed it in the workplace, and 38% reported that age discrimination was common. Clearly, the law alone has not been able to eliminate this unique form of bias and discrimination.
Age discrimination is unique, because unlike racial or ethnic prejudice, every single worker is a potential target for this bias.  This form of discrimination can be especially damaging; an older worker who is dismissed or not promoted has fewer options than younger people. Moving, retraining or changing fields can be more difficult for older employees. The growth in senior workers and the rapid change in the economy has made the ADEA far more important today than when it was passed into law over 50 years ago.
Age discrimination on the job is a critical issue for seniors. Americans are living longer and the need for dependable employment for those seniors is increasing. In the AARP survey, 91% of senior workers said that they work to stay mentally active, 87% reported that extra money was their motivation and over a quarter of working seniors said that they do not expect to ever fully leave the workforce.
On-the-job age discrimination can take many forms. It may come as hearing negative remarks or feedback about older age. A few workers report being harassed in an attempt to force them into retirement and very few have been told that they were “too old.” This might constitute a clear violation of the ADEA and expose the employer to legal action. Being passed over for promotion or reassigned to less desirable tasks were also complaints. Most senior workers who have experienced age discrimination said that it starts when workers are in their 50s. In spite of the concerns, only 3% of senior workers have ever filed an official complaint about age discrimination. The problem is sometimes hidden and may be more widespread than is documented.
How do you feel about this issue? Do you think it could be a problem, even in this part of “senior-friendly” Florida? Please leave a comment if you have something to add to this discussion.
Age discrimination in the workplace is one of the challenges that seniors may face. Along with the opportunities in the senior lifestyle, there are also a unique set of problems, and both are the concern of OurSeniors.net!  Please remember one of the most important tools that OurSeniors.net makes available, the Senior Transition Pro Team . The Senior Transition Pro Team is more than a directory of professionals. It is a network of highly qualified businesses and professional practices that share a unique concern for the issues that confront seniors. Age discrimination on the job is one of those possible challenges, but there can be many others.
Several members of the Senior Transition Pro Team are especially well qualified to help with the legal problems involved in senior living.  To learn more about any of these fine attorneys, simply click one of the links below.

Please remember to tell them that you learned of their practice through Ourseniors.net.
For all your senior-related questions, you can contact an OurSeniors.net Advisor by phone at 866-333-2657 (se habla Español), or by using Contact Us. Check out our website at Ourseniors.net and take an online look at our senior living magazine, OurSeniors.net Magazine.

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