Be Afraid, Employers: 91% of Your Older Workers Are Considering Suing You!

A new study entitled 2024 State of Ageism in the Workplace has found that 90% of employees over 40 have experienced workplace age discrimination.

Indeed, age discrimination is rampant in society and in workplaces – but the staggeringly high percentage of those experiencing it still shocks me.  Indeed, I posted research from AARP some months ago that found that “only” “one in five adults 50-plus (21%) report that they have experienced age discrimination since turning 40 years old.”  Whichever number it is, it is illegal and just wrong.

What also struck me about this latest study – and should unnerve all employers – is that one takeaway was that “Most (91%) respondents consider taking legal action against their employers due to age-related discrimination.”  

Why … that’s … almost every one!

The journal that posted this study explored the various ways that age related discrimination is manifested in workplaces, and noted that “they reflect deep-rooted biases that continue to marginalize Gen X and baby boomers in the workplace.”  Growing awareness of their rights by the Gen X and baby boomer generations, and the explosion of litigation and attorneys willing/eager to undertake representation of older employees should REALLY alarm employers.

Things are no better overseas.  A post from the UK noted a large survey that found that:

“57 is the average age at which workers are considered “too old” for a job, with two-thirds of HR professionals admitting to making assumptions about older workers, and many being put under pressure to recruit younger ones.”

Too old at 57 … yikes!

As I wrote earlier his year about the AARP research, above:

“If the history of the Baby Boom generation is any indication, these older workers may be easily mobilized to do something about age discrimination since ‘The survey reveals strong support for change with more than four in five adults age 50-plus (86%) agreeing that older Americans should be protected from age discrimination. …[and] nine in ten (90%) support (with about half saying strongly support) efforts to strengthen the nation's age discrimination laws. (emphasis added).’”

Employers: instead of simply fretting and waiting for the other shoe to drop, you should be proactive, both for your interests and those of your employees – be aware of and learn what “ageism” is and how to prevent it, understand that any adverse employment actions which have a disparate impact on older employees will be seen as suspect, and refuse to tolerate age-related animus expressed at work.  “Old person” jokes and comments are out.

In this regard, in 2018 I wrote that:

“For example, you do not call an employee ‘old’ or ‘ancient’ (I once had a case where the boss referred to another employee of the same age as the one he fired as “ancient”) since that is direct evidence of age discrimination. You stay away from calling an employee ‘old school,’ or ‘set in his ways,’ or ‘not a proper fit for the “new environment,’ or ‘lacking in energy.’ And, oh yes, ‘ Hang up your Superman Cape,’ and  ‘get it together you f…. old people’ should also be avoided (although the latter remark can hardly be considered particularly well “coded”).”  The same with ‘looks old,’ ‘sounds old on the telephone,’ and is ‘ like a bag of bones.’”

I also found these suggestions from a helpful article:

“Sheila Callaham, cofounder and executive director of Age Equity Alliance (AEA), suggests five steps in a Forbes article from March 26, 2023. 

“Educate: Hire age experts who understand the subtleties of ageism as it relates to all ages. Training should be a prerequisite for all employees with hiring and management responsibilities.

“Ensure policies are age-neutral. Conduct an audit of internal and external policies, processes and messaging. Review diversity recruiting strategies and harassment policies.

“Create an age-inclusive work culture. Begin with an orientation and set a zero tolerance for any form of bias, stereotyping or discrimination. Studies show that a multigenerational workforce is beneficial to companies including problem solving, creativity, knowledge transfer and more. 

“Eliminate ageist internal language. This is language that places blame and relies on generational labels. The latter describes trivial characteristics according to age according to Callaham.

“Know your numbers. Measure your age demographics in ten-year segments by birth year or by decades.”

Takeaway

Remember that boomers and the following aging generations are watching … and waiting.

[Also, note that it was Ageism Awareness Day in Australia on October 9th!]

Bonus

The Stockholm Center for Freedom reports that:

“A recent report by a Turkish women’s rights organization revealed that ageism and age-based discrimination in the labor market disproportionately affects women.”

The scourge of ageism is worldwide.

Super Bonus!

If the low number in this article about Singapore is to be believed:

“While all forms of discriminations exist, age discrimination was the most common – with 2.6% of employees facing it. This is somewhat worrisome as Singapore is a rapidly greying country.”

If 2.6% is worrisome in Singapore, think about the 90% here!

 

  

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