Age Discrimination

Are corporations prepared for a continuing age diverse workforce? People are living longer and therefore are staying in the workforce for a longer period of time. Every corporation is aware of employment discrimination lawsuits increasing on a yearly basis. However, one type of lawsuit that employers often overlook is the case of age discrimination. The Age Discrimination in Employment Act (ADEA), implemented in 1967, protects most workers 40 and older from discrimination in recruitment, hiring, firing, salary, retirement and other practices. Investigating charges and trying to work out solutions is done through the Equal Employment Opportunity Commission (EEOC). Among all the various discrimination cases, age discrimination can be the most potentially damaging to a corporation.

Age discrimination can be obvious such as hiring a younger, inexperienced, more attractive person for a position than an older person with a strong background in a similar position. Or it can be subtle. Transferring an older person when he reaches 60 to a less demanding, unrewarding job, filling in the vacancy with a younger employee, or inheriting a new boss that creates a miserable environment for the administrative assistant so she will quit.

In the United States there has been little protest because of the long-held attitudes and assumptions that it is only “normal” for older professionals to make room for the younger, upcoming workers. Unfortunately, in the workforce there have been many perceptions attached to aging that create a negative environment. Adaptability, judgment, health, attitude and productivity are among the few. And, older workers become less competent and are not worth training for new jobs or positions because they won’t be with the company that long.

An employee suing in California for discrimination under the civil rights category (Title VII) can recover past and future lost wages and benefits, attorney fees, and punitive damages. As stated previously,...