| One may be unconcerned about discrimination in the workplace if one is not a member of any of the various groups that are typically targeted. Yet, there is a potential threat to all workers sooner or later and that is age-based discrimination, seems to hit workers around 40-something. It is illegal but it has nonetheless taken root and is flourishing in the landscape of the American workplace these days. Apparently, all the mergers of the '90s have made corporations focus on how to increase profits while at the same time severely reduce costs. | The result is companies are replacing baby boomers with much younger workers
(translation: much cheaper labor). Also, some in the corporate world
erroneously believe that a worker reaches peak performance around age 43.
That kind of thinking is wrong, unfairly biased and needs to be soundly
debunked for the welfare of working men and women as well as for the good
of society at large. Follow this link
for more info.
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If you believe that you have experienced age-based discrimination (or any other type that falls within the purvue of the the EEOC), your ability to prove the wrongdoing is critical. You must be able to prove your case to the EEOC in order for that agency to get involved in having the injustice redressed. Some questions to consider, do you have witnesses? What is your evidence? Is there a "smoking-gun"?
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If you have a case that seems provable, the EEOC will investigate. Should the EEOC find your claim to be unsubstantiated, the EEOC would close the case and issue you a "Right-To-Sue Letter" which you can present to any attorney who is willing to fight for you.
But, bear in mind that the majority of labor attorneys currently work for Management.
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Let's take a deeper look at age-based
discrimination. Are we really talking about stereotypes or is the issue really about costs? If a company lays off older workers and replaces them with younger ones to save money, this seemingly blatant age-discriminatory practice is nonetheless legal! Another kind of discrimination involves an age-bias for older workers at some companies who know that these workers are quite cheap since they need not provide health benefits because these workers already have them by virtue of their age.
In light of the above, present law and government policy are insufficient to adequately protect workers from age-based discriminination. We workers must get our politicians involved in effecting changes on our behalf so that we are all adquately protected from age-based and other forms of discrimination in employment.
Tell the President how you feel about this issue. He needs to be supportive of working folks and the perils we all face in today's world of work. He needs to take an aggressive stance against age discrimination instead of basking in the glow of the "booming economy", while baby-boomers are being bumped out of their jobs in record numbers. And, contact your senators and let them know, too.