On January 23, 2019, the 7th Circuit Court of Public Appeals ruled that the law does not protect job seekers age 40 and older from age discrimination. The Age Discrimination in Employment Act (ADEA) only protects current employees. This means that the law does not protect job applicants from age discrimination.
Working later in life
People are living longer, and as a result, working longer. Many older adults are delaying retirement because of financial need, a desire to continue in the workforce, and changes to Social Security benefits and retirement plans.
According to the U.S. Bureau of Labor Statistics, the number of Americans age 65 and older is projected to more than double from 46 million to over 98 million by 2060. The 65 and older age group’s share of the total population will rise to nearly 24% from 15%.
While older adults are interested in contributing to today’s labor force, many are pushed out before they choose to retire. Over half of older workers do not leave their job by choice, according to a data analysis by ProPublica.
Older workers getting forced out of their current jobs paired with the recent ruling that older job applicants are not protected from age discrimination could mean a damaging cycle for many older Americans who are looking for work.
Older workers face longer terms of unemployment than their younger counterparts. Many say they are unemployed because they were laid off from their previous job and are more likely to be reentering the job market after time spent away. Employer discrimination against long-term unemployed people can make it even harder for older adults to find a job.
Over 55 and unemployed? Learn more about paid job training through SCSEP.
The cost of ageism
Americans in their 50s and 60s are not ready slow down in the workforce. Many can expect decades ahead of them and are responsible for paying bills, helping their kids out financially, and meeting mortgages.
Older adults need to be able to support themselves. Rather than alienating older adults as incapable, we should recognize the value older Americans bring to our economy, including a wealth of experience and a willingness to show up to work each day.
Here are just a few ways ageism in the workplace affects us all.
Businesses lose opportunities
In many cases, older workers have spent most of their lives getting really good at what they do. Age discrimination ignores the qualities that make an older worker so valuable – experience and first-hand knowledge. Businesses that age discriminate miss out on experienced workers now and in the future, as older workers can be mentors to younger employees.
Not keeping up with changing needs
Our aging population is one of the fastest growing. By 2035, there will be more people 65 and older than people under the age of 18. Continuing the mindset that older workers are no good leaves the door to opportunity closed for many in the near future. Instead, we should have a labor force that reflects our populations and empower older Americans to succeed in the labor market.
Work environments suffer
Most employees want to work in a welcoming, inclusive environment. Age discrimination fosters negativity and exclusion. While younger workers may not be directly affected by ageism, it’s likely they will pick up on this kind of behavior. They may choose not to work for a company that treats employees and/or candidates unfairly.
Older adults may experience poor mental health
Age discrimination can be extremely discouraging and stressful for older job seekers. Worrying about things out of their control (age) on top of the normal stress of job searching can play a role in declining mental health.
Who is affected by employer age discrimination?
While any older adult could face age discrimination, some people are more likely to encounter it on their job search.
Women and minorities are affected the most by age discrimination in the workplace. In one study, women stopped getting promoted to managerial positions at the same rate as men once they were in their early 30s. In addition, a 2018 Equal Employment Opportunity Commission report showed increases in reports of age discrimination filed by African Americans and Asian Americans.
How to make the change
A federal ruling has left older job seekers unprotected from age discrimination. But, there are things we can do to change the stigma of older job candidates and promote positive aging in today’s workforce.
Understanding the benefits of older workers is a big step in the right direction. Offering encouragement and advocacy for older workers can help change the way we view working older Americans.
If you are an older job seeker who has faced age decimation, seek a network of peers. It’s a good idea to connect with peers, share similar experiences, and develop solutions to issues you are facing. You may want to talk to a professional job coach, who can help you with an employment plan.
If you are 55 and older, unemployed, and looking for a job, you might be eligible for the Senior Community Service Employment Program (SCSEP), a paid, on-the-job training program to help older adults find unsubsidized work.
If you are an employer, talk to your staff about age discrimination. Be aware of your hiring decisions and make sure you are not choosing candidates on their age alone. You might also want to become a host site for the Senior Community Service Employment Program (SCSEP). As a host site, you train adults age 55 and older at your organization to prepare them for today’s workforce.
Interested in learning more about the Senior Community Service Employment Program? Contact VANTAGE Workforce Solutions at 330-253-4597 or visit VANTAGE Workforce Solutions to learn more.
*The information in this article is intended solely to provide general information on matters of interest for the personal use of the reader, who accepts full responsibility for its use. This article should not be used as a substitute for consultation with professional legal, medical, or other competent advisors.
This workforce product was funded by a grant awarded by the U.S. Department of Labor’s Employment and Training Administration. The product was created by the recipient and does not necessarily reflect the official position of the U.S. Department of Labor. The Department of Labor makes no guarantees, warranties, or assurances of any kind, express or implied, with respect to such information, including any information on linked sites and including, but not limited to, accuracy of the information or its completeness, timeliness, usefulness, adequacy, continued availability, or ownership. This product is copyrighted by the institution that created it.