Millions of Baby Boomers Fear Age Discrimination

Posted on July 19, 2009 by Robert Ottinger

A  study in England reports that the country's 11 million baby boomers do  not  plan to slow down as they age, but many of them fear that age discrimination will force them out of the game.  The Equality and Human Rights Commission conducted a poll of baby boomers and a quarter of those polled said they had already experienced some age discrimination.  Many expected age discrimination to get worse as they age and fully expected to be treated unfairly.  These findings probably echo the sentiments of boomers here in America as that massive demographic ages.  

As an employment lawyer and a boomer myself, I expect age discrimination to get worse.   I also expect that corporations will do what they always have done and push older workers out and replace them with younger ones while not admitting it and going to great lengths to hide it.   England is trying to protect older workers by passing a new law called the Equality Bill.   In America, we have the Age Discrimination in Employment Act and it attempts to outlaw age bias.  In my view, the law is too complicated and needs to be simplified and strengthened to protect older people. 

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Why Is Age Discrimination So Complicated?

Posted on April 3, 2009 by Robert Ottinger

There is an act of congress called the Age Discrimination in Employment Act (ADEA).  The purpose of that law is to outlaw age discrimination. It follows that an employer that commits age discrimination should be liable for violating the ADEA.  But the United States Supreme Court, some time ago, came up with a brilliant concept called “mixed motive” analysis.   This theory gave an out to employers who commit discrimination.  It says that even if a company fires an employee due to advanced age, it can escape liability if the victim would have been fired anyway.    To make an analogy, this would be like saying that a person can escape liability for murder so long as the victim would have died at that time anyway from another cause.  

In a case called Gross v FBL Financial Services, Inc. the U.S. Supreme Court will decide if it should continue watering down the ADEA or instead follow common sense and simply outlaw age discrimination.   Murder is illegal and it does not matter if the victim would have died anyway.  Likewise, companies that commit age discrimination should be held liable – no matter what.  What benefit could possibly come from giving an out to companies that commit age bias?   Keep it simple and keep it illegal.  Nothing good comes from age discrimination.  If you would like to read more about this case and hear other points of view, please see The Connecticut Employment Law Blog, Scotusblog, and The Employee Rights Post. 
 

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