Why is age discrimination increasingly common for employees age of 55 and over? Is it legal?

Is Age Discrimination Legal in the United States?

Age discrimination against employees aged 55 and over is not legal in the United States. Laws such as the Age Discrimination in Employment Act (ADEA) protect workers from discrimination based on age, barring bias against individuals 40 years of age and older in hiring, promotions, benefits, and other aspects of employment.

Common Perceptions of Older Workers

Despite the legal protections, discrimination against older workers persists. Negative stereotypes about older employees often shape hiring and management decisions. For instance, perceptions like:

Computer phobic or little or no software or even keyboarding skills Inflexible, resists or adapts poorly to change Resists or is slow to learn new methods or technologies Slow moving/preferring to do things the "old"]/hard]" or "familiar" way Unable to multitask, one thing at a time, beginning to end Slow to learn anything new Resists smartphones, texting, or email

These negative stereotypes apply equally to people from different generations, including Millennials and Gen-Xers.

Overcoming Stereotypes

Despite these challenges, many experienced older workers have found ways to overcome these stereotypes. Before retiring, I was a successful older worker, consistently demonstrating skills and capabilities that disproved these common perceptions.

As an employee in my mid-60's, I believe age discrimination is not more common than it has been in the past. However, I can see why it feels that way—there are simply more individuals aged 55 and over in the workforce. Age discrimination was always a problem; it has only seemed to start earlier, around age 40, historically.

Personal Experiences with Age Discrimination

During my career, I encountered instances where managers publicly expressed a preference for younger candidates, often justifying it by stating that they "pay less." However, this is illegal and can result in significant legal consequences, including substantial financial damages for the employer.

I also recall hiring managers privately expressing reluctance to hire someone over 55, with the justification that such an individual would likely retire soon and thus be a short-term asset. Spectacularly, however, the newer hires would stay only two or three years, on average. The real reasons were more along the lines of learning ability, willingness to follow instructions, fitting in with younger colleagues, etc. Unfortunately, they often couldn’t articulate these objections, and I usually lost the argument.

Such practices can be insidious, as hiring managers often justify their decisions by suggesting they "found someone better" who is younger. As an HR specialist, my efforts to fight against age discrimination often fell on deaf ears, as I was continually asked why I didn’t simply blow the whistle or quit.

While leaving a long-term career in HR to report such discrimination would have likely been counterproductive, I continued to advocate for positive change through training, arguing, cajoling, and proving the benefits of a more inclusive workforce. Despite the thankless nature of the role, I persisted in promoting a culture of equal opportunity and respect for all employees regardless of age.

Overall, the challenge of age discrimination is ongoing, but there are ways to overcome it, and legal protections are in place to ensure that discrimination is not solely based on age.