Expect age discrimination claims to continue to rise as the U.S. workforce ages. According to the Equal Employment Opportunity Commission (EEOC), age discrimination claims increased nearly 16 percent (15.5%) from 2006 to 2007 and then nearly doubled to 30 percent (28.5%) from 2007 to 2008. This trend will continue for a number of reasons including the aging of the American workforce, and economic and social reasons.
Baby boomers, those currently between the ages of 45 and 63, comprise one-third of the adult U.S. population. The population of adults older than 65 will more than double between 2010 and 2030, growing from 35 million to 72 million. By 2015, those older than 50 will be one-third of the entire U.S. workforce.
In fiscal year 2008, the EEOC received 24,582 charges of age discrimination and resolved 21,415 cases, recovering $82.8 million in monetary benefits for charging parties and other aggrieved individuals. That amount did not include monetary benefits obtained through litigation, such as those paid by insurance companies.
Several factors may explain the increase in the number of age discrimination claims filed, including rising unemployment, an aging American workforce and stereotyping older workers. Often older workers are characterized as costing more money and being less adaptable to change.
Clubs can follow some guidelines to minimize their vulnerability to a complaint of age discrimination.
During the Hiring Process:
- Salary requirements should not be assumed on the basis of age.
- In most cases, do not establish an age limit for a job.
- Do not request an applicant’s age or date of birth. While the law does not specifically prohibit this, the EEOC has strict guidelines for this type of inquiry.
- Create a structure for evaluating job candidates, and apply the same criteria to all applicants.
- Be sure that everyone who interviews candidates is familiar with age discrimination laws.
- Place job advertisements where they will reach workers of all ages.
For Already Employed Workers:
- Pair older and younger workers together on projects so they can learn from each other.
- Clearly communicate the club’s age discrimination policy by posting it on bulletin boards or other highly visible locations. The policy should include harassment definitions, remedies, consequences, reporting procedures, grievance processes, and anti-retaliation language.
- Encourage reluctant workers to develop their skills, using employees who have benefited from training as role models. Investing in training and developing older workers can be as worthwhile as investing in younger workers, as turnover for older workers is generally lower.
- Encourage mentoring. Workers of any age can pass on their experience and help others develop through the use of their knowledge, skills and expertise.
- Be mindful of day-to-day comments that are age-related. The EEOC has found that inquiries into an employee’s retirement plans could be deemed a basis for discrimination. Age-based comments are direct evidence of discrimination and, in the event of a complaint, can go against an agency’s explanation of a personnel action or decision.
The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA’s protections apply to both current employees and potential employees. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding or litigation under the ADEA.
The EEOC offers a technical assistance document that explains terminated employees’ rights and obligations when offered severance pay in exchange for a waiver of discrimination claims. The EEOC issued the document following a significant spike in age discrimination claims and amid increased layoffs involving waivers of rights. The document can be found at http://www.eeoc.gov/policy/docs/qanda_severance-agreements.html.