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Age Discrimination At Its Ugliest

Friday, November 20th, 2009

Jeff 04 - Age Descrimination at its ugliestIn previous blogs, I have spoken out on age discrimination in the workplace, but unfortunately age discrimination comes in many shapes and sizes.  Last week my 88 year old Mother came face to face with age discrimination at its ugliest.   My Mother is a widow who lives alone and is proud that she is still sound of mind and able to take care of most of her own needs.  Last week she drove to a doctor’s appointment and then decided to go to Target because there was a sale on a medication she takes.  She had been to the store many times so she went directly to the medication aisle.  As she turned to enter the aisle, a younger woman wheeling a shopping cart followed her.  A short time later, the woman turned her cart to block the aisle and a man came at my Mother from the opposite end of the aisle urging the woman to move her cart and proceeded to bump my Mother twice.  Her wallet containing $84, two Macy’s gift cards she had received for her 88th birthday, a credit card and various forms of identification were stolen.   The police officer that attended to her told her that it was not uncommon for senior citizens to be robbed in this way.  She, however, already knew this because she had been physically attacked and robbed a couple of years earlier when walking with a friend after leaving a restaurant.

In both instances, “I felt both violated and humiliated.  Violated because instead of getting the respect I believed that age should bring, I was victimized simply because I was old.  Humiliated because I felt helpless to defend myself or deal with the stress caused by the robberies.”  It has now been five days and she hasn’t left her apartment yet.  As I sit here in anger and reflect on my Mother’s words, it has become clear to me that her words would also apply to someone victimized by age discrimination in the workplace.  Being laid off or replaced by an employer that seems totally indifferent to years of loyal and productive service has most certainly left many feeling violated.  The empty feeling of uncertainty as you begin to question whether you still have what it takes to continue your career when you know that your family is depending on you, can be both frightening and humiliating. 

Age discrimination in any form is just plain wrong! 

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Healthcare Reform, Its Time Has Come

Friday, November 6th, 2009

It seems that everyone has a strong opinion about healthcare reform.  I continue to receive emails from passionate individuals who are emotionally in favor or hysterically against healthcare reform.  Personally, I can’t get myself to understand how anyone who has ever had to pay a hospital bill or buy a prescription in this country can honestly say that the system in place isn’t horribly flawed.

A couple of years ago, I received treatment for prostate cancer and am happy to say that I am now cancer-free. The bill for testing, consultation and about 50 hours of radiation treatment over 6 weeks came to $191,000.  I spent less than 3 hours with an actual doctor. While I will be eternally grateful to be cancer- free, I couldn’t help but wonder how many Americans die because they can’t afford to participate in our healthcare system.

You would have thought that our recent economic crisis, at least partially brought on because of reduced government regulation, might have caused many to rethink their mantra “government bad, people good,” but the shouting is just as loud.  It doesn’t matter how many times they hear about medication costing half the price in Canada or Mexico.  It doesn’t matter how many articles are written about lower hospital costs in other countries and it doesn’t matter how many seniors praise our Medicare System.  It’s always back to the same mantra!

Eight Million Mature Workers on Unemployment

In America today, there are more than 8,000,000 workers over the age of 40 on unemployment.  There are millions more who have either taken survival jobs or given up their job search.  There are others who are working in underemployed roles or at reduced hours.  Most of them had absolutely nothing to do with creating our current economic crisis.  There has got to be a way for us to know that every person in America has access to quality medical care.  No American should have to die or live in unnecessary pain because the health care system is too expensive.  Several of our advisors have warned me against speaking out on controversial issues while we are still in the funding process, but some things should not be left unsaid.  It’s time to stop the rhetoric and fix the problem.

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Supreme Court Soft On Age Discrimination

Thursday, October 29th, 2009

In my recent post as a guest blogger for InjuryBoard.com, they graciously allowed me to speak out on age discrimination, a topic that I am quite passionate about.   The blog focused on a Supreme Court decision last June that made it significantly more difficult to win a suit for age discrimination.  In a 5-4 vote on Jack Gross Verses FBL Financial, the court stated that the entire burden for proving his case rested on him and that the Company didn’t need to demonstrate that they had not acted with the intention of demoting him because of age.  The Supreme Court in effect, has made it more difficult for a plaintive to prove age discrimination than would be required for proving gender or race discrimination.  The Court has decided that the rights of mature workers are less important to protect.   This is not acceptable to OurExperienceCounts.com, AARP, Senators Tom Harkin and Patrick Leahy and Representative George Miller.

Bills have thus been introduced in both the Senate and House to correct the wrong done by the Supreme Court.  AARP Executive Vice President Nancy LeaMond said. “Their bill will protect older workers from being relegated to second class status when they try to vindicate their rights under the ADEA. Unless Congress passes this bill, too many older workers who have been victims of arbitrary age discrimination will be denied their day in court.”

Please take the time to contact both your local representative and senator to urge the passing of this bill and to make it clear that we are not second-class citizens.

Important New Age Discrimination Legislation

Last June, in the case of Jack Gross v. FBL Financial Services, Inc. the Supreme Court in a 5-4 decision, stated that older workers bringing employment discrimination claims must meet a higher standard to prove their claims of illegal bias than others who have been subject to unfair discrimination at work, such as discrimination based on race or sex.

In response to what we believe to be an unfortunate and misguided court decision, Senator Tom Harkin, Chairman of the Senate Health, Education, Labor and Pensions Committee, Senator Patrick Leahy, Chairman of the Senate Judiciary Committee, along with Representative George Miller Chairman of the House Education and Labor Committee have introduced companion bills to restore the rights of mature workers.   AARP Executive Vice President Nancy LeaMond said. “Their bill will protect older workers from being relegated to second class status when they try to vindicate their rights under the ADEA. Unless Congress passes this bill, too many older workers who have been victims of arbitrary age discrimination will be denied their day in court.”

We at OurExperienceCounts.com strongly support this important legislation that reinstates mature workers rights under the (ADEA) The Age Discrimination in Employment Act of 1967.  We recommend that you contact both your district representative and your two senators and let them know that this bill is one that should receive their vote.

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Am I Protected From Age Discrimination?

Monday, October 19th, 2009

Last year there were 24,582 age discrimination cases received by the EEOC (The Federal Equal Opportunity Employment Commission). The Age Discrimination in Employment Act of 1967 (ADEA) protects workers who are 40 and older from employment discrimination based on age. These protections apply to both employees and job applicants. It is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation.

The ADEA applies to employers with 20 or more employees, including state and local governments. It also applies to employment agencies and labor organizations, as well as to the federal government.

Law Actually Favors Older Workers

The law actually permits employers to favor older workers based on age even when doing so adversely affects a younger worker who is 40 or older. The Older Workers Benefit Protection Act of 1990 (OWBPA) amended the ADEA to specifically prohibit employers from denying benefits to older employees. The ADEA generally makes it unlawful to include age preferences, limitations, or specifications in job notices or advertisements. A job notice or advertisement may specify an age limit only in the rare circumstances where age is shown to be a “bona fide occupational qualification” (BFOQ) reasonably necessary to the normal operation of the business.

The ADEA does not specifically prohibit an employer from asking an applicant’s age or date of birth. However, because such inquiries may deter older workers from applying for employment or may otherwise indicate possible intent to discriminate based on age, requests for age information will be closely scrutinized to make sure that the inquiry was made for a lawful purpose, rather than for a purpose prohibited by the ADEA.

The answer to the question regarding your protection is yes, but age discrimination remains a serious problem for older workers.

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OEC Speaks Out On Age Discrimination

Friday, September 18th, 2009

Last year there were 24,582 age discrimination cases received by the EEOC (The Federal Equal Opportunity Employment Commission).  The Employment Act of 1967 protects workers who are 40 and older from employment discrimination based on age.  Most of these cases have stayed out of the headlines, but the impact to the lives of those affected was both real and life-changing.  A couple of weeks ago, a headline read, “U.S. sues AT&T for age discrimination.” The really sad thing about this is that hardly anybody was surprised or shocked by this statement. The American economy long ago began to devalue the wisdom and experience that comes with age. Has it gotten to a point that 40 is now an acceptable age to be put out to pasture? Are we so obsessed with the trappings of youth that experience is considered overrated? As CEO of OurExperienceCounts.com, an online community dedicated to extend the careers of mature workers, I’m both angered and energized by the article.  It would be naïve of me to believe that we will successfully change the realities of corporate America, but through educating both employers and employees, perhaps we can begin to make a difference.

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