Ageism is Alive

My mother is 58, has worked at her company for 18 years, and had been promoted regularly throughout her tenure. Lately, promotions to which she was entitled were given to younger workers, often less qualified. We think it’s ageism. What are our options?

Joan’s son

Dear Joan's Son:

Ageism is a bias against someone because of their age. If that bias impacts how an employee is treated, the employer has broken the law. The Age Discrimination in Employment Act (ADEA) protects applicants and employees who are 40-70 years old from employment discrimination based on age with respect to hiring, firing, promotion, layoff, compensation, benefits, job assignments, training, terms, and conditions. The ADEA applies to employers with 20 or more employees, to employment agencies and labor organizations, and to the federal government.

Despite the law, however, ageism has increased from 6-to-8% for workers overall, and from 11-to-16% for workers 65 years and older according to the National Social and Quality of Employment Survey. Because firms are 40% more likely to interview younger applicants, 63% of senior applicants said they’d hide their age and 18% said they’d have plastic surgery before applying.

In the past two years, the U.S. Equal Employment Opportunity Commission (EEOC) has received more than 20,000 complaints of ageism. That number will grow dramatically as Americans, 65 and older, double in population to 70 million over the next three decades, and those over 85 (the fastest growing segment of the population) will surge from 4-19 million.

Though millions of dollars have been paid in settlements, attorneys say discrimination is difficult to prove. Only 1/7 of the cases have benefitted the complainant thus far.

The International Longevity Center (ILC), administrated by Dr. Robert N. Butler, who coined the term ageism in 1968, is publishing a detailed study in February, 2006. Visit www.ilcusa.org or call 212-288-1468 for information.

Read The Older Job Hunter’s Guerilla Handbook by Gunthar Manusson for how to combat ageism, and contact the EEOC at 800-669-4000 to report cases.