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Ability, Not Age
Ilona Demenina Anderson, Esq. • Apr 04, 2016

In a fair and just world, it should be your ability, not your age that determines whether you get hired, promoted, or picked for further job-enhancement training. It should be your past contribution to a company and your ability to further contribute to the company, not your age, that determines when you should be fired, laid-off or retired. But, it’s not a fair or just world, is it?

The Age Discrimination in Employment Act has been in existence in the statute books since 1967. It was signed into law by President Lyndon B. Johnson, subsequently incorporated into the US Code under Chapter 14 Title 39, and it has been amended in 1986 and 1991, making its provisions stricter. It has been the subject of countless cases. It is federal law and it reaches across all states of the union. So, why are older employees still being laid off, retired and fired, and younger employees, hired in their place?

They say, one in five employees are aged 50 and above. They say that there are more people aged 50+ in the population, which is why it seems that there are more people 50+ being fired. They also say that there are just a lot of people losing their jobs because the economy is down. Since the number of employees aged 50 and above is disproportionately high in the work force, then, when companies trim down their work force, there will be more people in the 50+ group who will be fired.


Is it that, really? If you look at the number of age discrimination claims filed with the Equal Employment Opportunity Commission, you will see a definite spike in the last ten years. Age-related firing, lay-offs and retirement are not a figment of your imagination. It happens every day to people as young as 40.

It may look as innocent as a company reorganization. Different titles, different job descriptions are given… but look closely enough, and you will see – younger employees are consistently given more responsibilities and higher pay. Employees younger than you are given better positions with more perks and more educational, training and travel opportunities. And you, because you are older, or you’ve been in the company longest, you’re given jobs where you can no longer do what you do best – what you’ve been doing best since you were hired many fruitful years ago.

You may have taken some time off for a few medical tests, or had a bout with the flu, and when you came back, your duties have been pruned and redistributed to the “kids” at work. The work you’re left with consists of low-level tasks that even a part-timer can perform with his or her eyes shut. You’re no longer cc’d on your boss’s emails. Meetings go on around you and you aren’t invited – you’re stuck with answering the phone while everyone is at a meeting. You’re not kept in the loop.

You may have consistently received good performance reviews, but when you hit 40, your performance reviews come back “unsatisfactory” or “lackluster,” “uninspiring” or “disappointing.” Either that or, overnight, numerous new tasks are heaped onto your plate, new quotas to fill, new reports due. Achieving a good performance review means jumping higher, running faster, doing more – each task becoming just another hoop to jump through, it feels like swimming just to stay in place and not get swept away.

The “kids,” gathered around the water cooler, snigger and titter when you pass by. Occasionally, you hear the words “old man” or “old timer,” “Daddy-o” or “pops” – the name-calling becomes more frequent. When your report has a few misspellings, you hear the word “senile” and you’re asked more and more by your co-workers “aren’t you retiring yet?” like they can’t wait to get rid of you. They’re joking, they say; they’re smiling, but you feel the sting. And the stings are unrelenting. All this happened so fast you’re painted to a corner before you know it. It’s unbearable, humiliating. It’s degrading. It isn’t what you signed up for.

And then you’re called to your boss’s office. The boss notices how unhappy you’ve been at work lately, like it’s all your fault. The boss says it’s affecting everyone’s morale. Then the boss drops the bomb: “perhaps you should consider resigning or retiring, since you don’t seem too happy on the job, anyway?” The boss lays before you a sweet financial package in exchange for your resignation or retirement. Either that, or the boss asks you to take some more time off. Or the boss cuts back your hours, so that your weekly paycheck barely covers rent, food and gas to get to work, forcing you to dip into your savings. What’s happening?

Is this age-related employment discrimination? Maybe! Are you a victim, like countless others? Maybe! If you feel that you are a victim of employment discrimination on the basis of your age, you need to contact an experienced employment attorney without delay. There’s a good chance that you can do something about it!

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