(Newswire.net — January 24, 2019) — The American dream may be on the ropes. There are more older Americans working longer, rather than hanging it up for retirement. Why? There are a variety of reasons, including healthcare, not enough funds, second or third mortgages, and the list can go on and on.
In fact, financial employment experts are advising not to access social security until late 60s or past 70. “People who claim benefits at age 62 get reduced payments over a longer number of years, while those who start benefits at 70 get much larger payments later on in retirement,” according to a US News report.
Staying longer in the workforce is great, right? Not as easily said than done. There is a lot of workforce age discrimination happening in America. And it’s getting worse due to the larger population of “should be” retirees sticking around the office.
A Glimpse into the New Workforce Age Discrimination Problem
With economic issues on the rise, many older Americans are continuing to work longer. This in some ways is good, since older workers have decades of useful experience. But not too many companies are seeing the value in employees in the 50s or 60s. What is the solution for these companies, push out the aging workforce to make room for new, and in some cases more affordable workers.
This has given rise to age discrimination in the workplace. A study from the Urban Institute has found that many workers over the age of 50 are being pushed out of their jobs. You would think that employees that are victims of age discrimination can fight back, but this is sadly not the case. There is fear of losing benefits they have spent a career earning, bad work environments for them, and more.
Here are a few age discrimination facts:
- 64 percent of workers have been victims of age discrimination
- 58 percent believe discrimination starts at around 50 years old
- One in five American workers are 55 or older
The statistics do not look good for older Americans hoping to stay in the workforce for another decade. And being forced out can lead to serious financial issues for those workers not ready financially to hang it up, like in the case of social security, or health benefits.
What About The Age Discrimination in Employment Act?
In 1967, The Age Discrimination in Employment Act was introduced by legislators to protect American workers age 40 and over. It was supposed to protect them from demotions, firings, layoffs, and more. It also applies to small businesses with at the minimum of 20 employees on the payroll.
“The law covers every aspect of the employment relationship,” NYC age discrimination attorneys from Cary Kane LLP explain, “It is illegal to discriminate against an employee because of their age when hiring, firing, selecting for layoff, promoting and training or in any other way concerning their employment.”
In 2009, however, The Age Discrimination in Employment Act was reduced in effectiveness due to a US Supreme Court decision that essentially made it very difficult for victims of age discrimination to prove it legally. Not great.
How to Battle Age Discrimination in the Workplace
There are a few ways you or someone you know can battle the growing problem of age discrimination America is facing. First and foremost, if you believe you or someone you know is a victim of age discrimination, contact a professional. There are attorneys that specialize in discrimination cases with a focus in age discrimination. Find one as soon as possible to get the facts needed for the best case outcome.
Other important tips to consider when faced with age discrimination include:
- Record everything. Since 2009, it has become a lot more difficult for aging workers to prove age was a factor. The burden of proof has essentially fallen on the victim, so take a lot of notes and record everything, even if it seems small.
- Talk to HR. HR professionals should be up to date on age discrimination issues and they could be helpful. However, they do work for your employer, so they may be not so enthused to help. Regardless, you will need to file a complaint at some point, but talk to a lawyer first on the right course of action.
- Get the numbers. The issue of discrimination over age may not be solely an issue you are dealing with. The company may have terminated a number of aging employees in a short time period, so find them and get them on your side.
In Conclusion . . .
America is facing a serious problem when it comes to age discrimination, and it’s no fault of the aging workforce. The economic issues the country is facing on a whole serves as the catalyst for prolonging retirement. Do you have any age discrimination tips? We want to hear from you.