Discriminatory practices follow us everywhere but age discrimination in the workplace is rarely discussed, despite being such a common experience. Pamela Wimbish and Patricia Onken, two HR division managers who gave IBM 20 and 40 years of their loyalty respectively, are now suing the company for workplace discrimination that led to the termination of their employment. ProPublica’s extensive report into the company has shown how IBM has been finding ways around the laws on ageism in the workplace.
Ageism in the workplace is just one place where these discriminatory practices rear their heads. (Image Courtesy – Freepik)
With industry leaders like IBM, SpaceX, Eli Lilly, Honeywell, etc. openly accused of age discrimination in the workplace, there is little doubt that smaller businesses do the same.
Age Discrimination in the Workplace Today
HRO Today reported that one in every three workers over 50 report they’ve experienced ageism in their job search, with 53.8 percent of these U.S. workers reporting they were passed over for a younger candidate despite being at least equally qualified. 43.6 percent of them saw a younger or less experienced employee being promoted instead of them. Ageism at work appears to take many forms, affecting existing employees and prospective ones. In reality, with the extensive experience to back their work, these employees should be in demand. They should also be eligible for higher pay, but the reality seems quite different.
An HRD article provided insight into the situation of employment prospects for older workers. 71 percent of hiring managers looking to increase their staff at the end of 2022, had found that there were more older workers applying for entry-level positions than three years earlier. Workers appeared to be willing to take up roles despite being overqualified for the position.
With the market where it is today, more and more experienced workers are delaying their retirement or returning to work, only to find the job market increasingly closed off to them. This forces them to turn to the more commonly available entry-level positions where they can restart their careers from scratch. But not everyone is working out of pressure; many turn to work because they want to stay active, but the corporate world remains unmoved.
Should We Be Concerned about Ageism?
The World Health Organization describes ageism as “ the stereotypes (how we think), prejudice (how we feel) and discrimination (how we act) towards others or oneself based on age.” The pages go on to describe that workplace discrimination or ageism in the workplace is just one context where discrimination occurs. They also report that age-based discrimination can lead to early death, poor health, and slowed recovery. It can also be linked to poor lifestyle choices.
“In the U.S. one in every seven dollars spent on health care every year for the eight most expensive conditions was due to ageism.”
– World Health Organization
Dr. Becca Levy, known for her expertise on ageism and the consequences of discrimination, found that those with negative attitudes about their health could see a 7.5-year difference in their mortality as compared to those who felt positively about aging. If nothing else, these numbers should convince us of the importance of eliminating age discrimination in the workplace, a space where older adults can invest their attention in what they do best.
Laws on Ageism in the Workplace
Ageism at work is restricted by a few laws that aim to safeguard the employees’ interests. Various governing bodies are required to oversee these laws on ageism in the workplace.
The Age Discrimination Act of 1975
The act protects citizens against any ageism in programs that receive federal financial assistance. The Civil Rights Center enforces this regulation and while not specific to the workplace content, it does provide some safeguards. It also prevents age-based discrimination at any age, not just against older individuals. It does allow the possibility of age-based distinctions if it meets the specifications of the Act.
The Civil Rights Center also enforces the Workforce Investment Act of 1998 (WIA). Section 188 of the act prevents any discrimination based on age, in terms of programs and activities that benefit from WIA Title I financial assistance.
The Age Discrimination in Employment Act of 1967 (ADEA)
The act protects employees over the age of 40 from all forms of age discrimination in the workplace. This can include biased hiring practices, being skipped for promotions, unexplained discharge, and unfair terms, conditions, and compensations. The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing anti-discrimination laws and those who face such ageism at work can file a charge with the organization before pursuing a lawsuit.
Employees who want to register a complaint of workplace discrimination must do so within 180 days of the incident. This time limit is 300 days in states that have a similar anti-discriminatory law in force. Federal employees and job applicants have 45 days to contact an agency EEO Counselor. According to the EEOC page, 73,485 new discrimination charges overall were filed with the agency in the fiscal year 2022.
How Can HR Fight Age Discrimination in the Workplace
Ageism at work can be a real issue, not just in the hiring and firing process, but also as a result of a toxic work culture that permeates through the company. It is up to the HR team, those in charge of ensuring a harmonious work environment, to ensure that no workplace discrimination occurs. While it can seem like a very large task, there are ways for HR to monitor and rework the environment.
- Enforce blind hiring practices and work-assessment tests: Removing the date from applications and focusing the attention on the experiences and actually work performance of a prospective employee can ensure hiring on the basis of skills.
- Develop anti-discriminatory policies: You do not have to wait for the federal enforcement of laws on ageism in the workplace. Develop internal policies that set consequences for harassment or other forms of age discrimination in the workplace.
- Provide training: Ensure employees are regularly reminded of the rules against ageism in the workplace and provide workshops and training to help enforce a good workplace attitude.
- Listen to the people: Even if there are only a few voices speaking up about any unfair discriminatory experience, listen and asses the situation objectively. It is not easy to identify but there will always be ways to address the situation. Address stereotypes and microaggressions.
- Promote career development opportunities: Encourage those who flourish in their roles rather than stifling promotions or finding ways to replace them. The loyalty long-term employees have to an employer is hard to find.
- Provide upskilling programs: Do not turn to replacing your workforce as your first course of action. Consider providing learning and training opportunities to help all employees stay up-to-date with trends.
As HR professionals, remember to lead by example and address your own beliefs regarding ageism at work. This will allow you to commit to your role fully and also open your eyes to how you can make your company a desirable place to be. This responsibility can apply to all employees. Remember that everyone will have to age out of the workforce entirely someday so treat all employees fairly for as long as they are around.
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