Most managers recognize that, just like employees, discrimination comes in all shapes and sizes. However, when taking precautions to prevent discrimination and promote diversity in the workplace, age discrimination is often overlooked. That could be a costly mistake.
Since the introduction of the Age Discrimination in Employment Act of 1967 (ADEA), American corporations have paid out hundreds of millions of dollars in fines and settlements for age discrimination lawsuits. Needless to say, it is important that managers understand how to avoid ADEA violations.
However, with an aging workforce (the number of workers 55 and older has been predicted to reach more than 22 million this year), it is perhaps even more important for managers to learn how to best utilize older employees to achieve optimum productivity.
The Age Discrimination in Employment Act of 1967 (ADEA) protects both employees and job applicants who are 40 years of age or older from employment discrimination based on age. Under the ADEA, employers (with 20 or more employees) may not discriminate against a person because of his or her age with respect to hiring, firing, promotion, layoff, compensation, benefits, job assignments or training.
The ADEA also makes it unlawful for companies to retaliate against an individual for opposing employment practices that discriminate based on age, or for filing an age discrimination charge or participating in any way in an investigation or litigation under the ADEA.
Some states take the federal regulations a step further and extend similar protections to employees or job applicants of all ages. So not only are the Baby Boomers protected from age discrimination, but the Gen-Xers are as well.
Ironically, age is the most indiscriminating of discriminators, because regardless of whether you are a "Boomer" or a "Gen-Xer," eventually everyone ages, and so everyone is a potential victim of age discrimination. Perhaps that is why juries have historically awarded higher payouts in age discrimination cases than in other types of discrimination cases, including race, gender or disability – every juror can empathize with the claimant because everyone can envision themselves, a spouse, or parent in a similar situation.
While the threat of a costly lawsuit suit provides a compelling reason to adhere to ADEA, many companies are finding that hiring or retaining older employees just makes good business sense. Myths that older workers are less able or willing to learn new skills or are less flexible than younger workers are being replaced with an understanding of the bottom-line benefits associated with employing older workers.
According to a study conducted for the National Council on the Aging, employers noted that older workers are reliable, thorough, conscientious and dependable in carrying out assignments. They also have fewer on-the-job accidents and miss less time from work than younger workers.
Below are a few tips to ensure that your company is preventing age discrimination and appropriately motivating your older employees:
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Reevaluate your current policies and practices. Are they fair to older workers? Is your company's culture and environment friendly to older workers?
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Retrain your employees. Offer training to older employees to help them keep their skills current, and if necessary, provide diversity training to all employees to dispel any lingering myths or stereotypes about older workers or any group that might potentially be discriminated against.
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Rethink benefits. Increasing life expectancies mean employees will be using benefits longer and more often, so you may have to rethink health care, pensions and other programs. Older workers may be interested in long-term care insurance or a workplace wellness program that encourages good health.
For more information about ADEA and ensuring your company's policies and practices help to prevent age discrimination, contact Orietta Murdock at 713.784.1811, or via email at omurdock@gnapartners.com.
