Age Discrimination at Work

[Brat]

I venture that Fireup2025 is a state/local public employee who hasn't had much experience with legal or policy issues. But his point of view is not unusual.

I think what frustrates him is that he believes that senior employees could earn as much from the pension system and open a slot for other (presumably younger) employees if they would only retire. This is why years ago many retirement programs required employees to retire at 65.

It is true that a few retire on the job and just don't leave. The challenge for managers is how to get them to see that retirement is a wonderful experience. This is similar to having an adult child who doesn't move out of the house. The trick is to convince them that the world is safe and a lot more fun elsewhere. In my old agency a transfer to Buffalo did the trick.

However, it is my observation that most older workers do their share, and then some, on a daily basis. To force them aside is not only unjust but illegal.

 

[johnlw]

This has been my observation about how companies handle the issue of getting rid of older, highly paid employees:

They perform small "stealth" layoffs on a regular basis. They are referred to as stealth layoffs because the number of employees affected isn't large enough to justify major media coverage. However, if a company performs stealth layoffs routinely, that number adds up over time.

Now, here's the really slimy part: The smart companies make sure all age demographics are represented in the group that's laid off. They typically provide a package to the laid off employee that has information about the ages and skill levels that were included in the "Resource Action". This accomplishes two things: The laid off employee can see that all ages were affected so they are much less likely to consider any age discrimination legal action. The second thing is that the company has now documented that they didn't discriminate against the older, more highly paid employees.

However, the net result is that it still allows them to get rid of their older employees with large salaries.

Some evil HR genius with a Dr. Strangelove mentality must have come up with this seemingly bulletproof strategy for handling the “old employee, large salary” issue.

John

 

[Fireup2020]

I discriminate against poor or even simply marginal performance. The "young/old/green/purple/male/female/TG, etc" person who is incompetent and apathetic in his/her job should not be there. And I make no apologies for this.

To Chinaco's dismay, I DO work with employers in the 55+ work programs and with the Americans with Disabilities Act programs (these are individuals who do WANT and have the ability to work) I do not believe that all workers are treated equally - or even fairly for that matter - and to think that this will TRULY ever happen is unrealistic, simply because we are human. I am female and have usually been in traditional "male dominant occupations" (welder, carpenter, mechanical engineer, veteran representative) - typically, when competence and adaptability was proven, I was accepted and respected. Shame on me, I expect the same from my organization members.

Workers should get and keep jobs based on their ABILITY, not age. The Age Discrimination in Employment Act (ADEA) protects people age 40 and over from employment discrimination based on age. The law says that an employer may not fire, refuse to hire, or treat you differently than other employees because of your age. (my point is that competence is not covered by any discrimation laws)

 

[kcowan]

I have been through massive downsizing as a manager, a participant, and also as CEO. The CEO event was a 20% downsizing. We always used competence/contribution as the criteria. The employees were never happy and felt that we discriminated on some basis that was unfair.

This is understandable because it is an extremely emotional process to be a part of. My BIL was also offered a stealth ER from a big bank and happily took it.

 

[hobbes44]

The issue starts early here in Silicon Valley... it is a very youth-oriented culture in most of these companies. IT workers start getting the short stick in their late 40s...