Age discrimination in general…
… occurs when you treat someone differently because of their age — in a way that is not beneficial to the person. Or in some way denying them their rights based solely on age. Age discrimination in employment is also protected against by law. But, even if we know it’s there, it’s often hard to prove.
⇒ MORE: What Is a Baby Boomer? Gen X? Gen Y?
Does this violate your legal rights?
The real trick comes in relation to the word “rights.” Especially when we’re talking about age-related employment discrimination. While age is NOT covered as a protected class by Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, sex, religion or national origin, it is covered by law. In this case, by the 1967 Age Discrimination in Employment Act (ADEA).
But without making this a mini-course in law, there are burdens of proof before courts will find against businesses. And more and more (especially after June 2009 Supreme Court decision written by Clarence Thomas) we see the burden of proof strongly shifted to the plaintiff.
In short … you can claim it but you gotta prove it. There have indeed been plaintiffs who successfully brought suit (age discrimination in employment is alive and well. But there have also been judges who sided with the employer saying other factors were at play.
To learn more about filing a complaint:
How to File a Charge of Employment Discrimination
If you’d like to read more about age at work:
I found this great article in Newsweek suggesting a realistic approach no matter what the right or wrong of it is:
Keep Young and Beautiful—Especially At Work
Quoting from the article:
As if finding and holding on to a job wasn’t hard enough. According to the U.S. Equal Employment Opportunity Commission, there’s been a 17 percent jump in the number of age-discrimination complaints filed since the recession began in 2007. Federal law is supposed to protect workers 40 and older, but proving you’ve been denied a job or laid off to make way for younger and cheaper workers isn’t easy. And the byproduct of a 2009 Supreme Court decision has substantially increased the burden of proof required to win an age-discrimination case.”
A bit more from article – good advice for us all:
Older workers, regardless of what industry you are in … need to be lifelong learners. Don’t cruise, and say, “I have a job and I’ll just cruise along.” Everyone needs to make sure that they’re staying abreast of new developments in their field. You need to continue to dress currently and maintain your fitness level. You don’t want to play into the stereotype that you’re not adaptable, no matter what industry you’re in.
Check out more career definitions!
Additional comment: Did not have to use the rollator until 3-4 years ago.
I wonder if my interviewers are glazing over when I come in to an interview with a rollator (rolling walker)? I get lots of calls and first interviews but no seconds or offers. I am looking for work as an administrative assistant or work in purchasing.
Additional details – I am female 55 and overweight due to the disability that makes it necesary for me to use the rollator. I have worked long term (10+ YRS) for 2 companies moving within those companies and for a year at my last employer. I was layed off at the last two postions.
Is there any advice out there to help me degaze those interviewers?
Hi Wanda!
Oh how I wish I had some answer I knew would work. My experience with such things is that, despite the legal protections of the ADA, some employers will never de-glaze, while others will definitely give you a chance. It’s finding those others that gives you the best chance, of course, but how?
I know universities, non-profits and governmental agencies can often be more savvy about these things. Might also be interesting to try for legal admin positions and see how law offices handle the situation of discrimination. 😉 Where I live, there is a city agency that helps people with just such issues…and may even know welcoming employers. Is there such an agency or non-profit where you live? Or maybe a local elected official’s office? A good time to find allies. Also time to call former colleagues, friends, and even former teachers enlisting them as allies too. That helps you arrive for an interview with some of the walls already down.
Another thought, although I hate writing this, is that admin positions may not be your best bet – not that you shouldn’t keep trying for them too. Are you open to other kinds of jobs using those skills as well as others you might have?
My last thought is to simply roll in, smile, show them your positive energy and meet the issue straight on by looking your interviewer in the eyes and saying something like “I get great mileage.” While you need to take the interview seriously in general, nothing wrong with showing you have a sense of humor. Maybe beyond the initial healthcare-cost issues and plain old prejudice, the real underlying fear is that you will make people feel uncomfortable or demand too many accommodations under ADA. Good to deflate that possibility from the git-go by showing what a team player you are and how pleasant you’d be to work with.
Sorry I don’t have anything more to suggest. If anyone else has suggestions for Wanda, PLEASE add your voice.
Best of luck, Wanda! Feel free to let us know how things are going.