We’ve all read the early headlines. The Boomers are aging … leaving a huge hole in the workforce when they finally retire.
But then something interesting happened … the headlines shifted and so did the messages about the Boomers.
The Boomers changed their minds — now they plan stick around, stay in the workforce, and try to keep themselves engaged. Doing what and on whose terms? … well that’s one of the big questions.
For employers, this news brings a whole host of complex issues — ranging from health care costs, to crafting relevant compensation programs, to developing more flexible workplaces, to (yes, you knew it was coming) managing the new face of workplace discrimination and harassment.
Age is one of those protected categories that Americans just don’t get — unless of course you are part of that “graying workforce.” In that case you may take it VERY seriously. Managers and senior leaders are too often nonchalant about age and tend to link ability to succeed (or not succeed) with advancing years. Many employees have never even stopped to think about age sensitivity. Aging just a fact of life and it happens to all of us.
The interesting thing is that unlike other forms of illegal discrimination, little has been done to really combat the age-related stereotypes and myths that persist in the workplace. You’ve most likely either heard them or voiced them yourself at some point. Some of the most prevalent include:
* If you haven’t made it to Director by a 35 or some other ridiculous “magic” year… well then you’re doomed to a life in middle management.
* If you’re approaching 50, then you must be considering retirement.
* If you’re nearing retirement, you aren’t adding value because you already have one foot in the RV.
* If you’re an older worker, you aren’t learning new skills (Check out this interesting article on ageism in the IT world -- Age discrimination: Is Open Source different?)
* Older workers can’t compete with younger workers who have energy and drive.
And the list goes on and on…
To date, age claims have not been exceedingly high profile for employers. Sure — some employers have been socked with big verdicts, some with nasty class actions, and others with painful individual employee claims, but that just goes with the territory. Right? Even the EEOC reports a decline in number of age charges it has received in recent years (but to be fair, overall charge numbers have also declined). Peaking at all most 20,000 charges in 2002, age claims declined to 16,500 by 2006. They represent almost 22% of the all charges received by the EEOC. (EEOC Stats On Age Charges).
But age trends are changing, and employers should take note.
* People are living longer and working longer.
* Some believe that boomers will have newfound courage as they enter a new phase of life. Some suggest that they will be more apt to assert their right to be free from discrimination (whereas in the past this group was loyal to their employer and afraid of losing their jobs in a tough economy).
* News coverage of age issues has increased — and with it knowledge about legal rights and options. Even though charges are declining, these numbers don’t reflect state law actions and demand letters. Lawyers are reporting increases in the number of age cases they see and demand letters that they are writing. (Age Bias Suits on the Rise With Older Employees Working Longer).
* Recent large verdicts make litigation more tempting. And there are often no damage caps in state courts — consider the $11 million verdict last year for an engineer passed over for promotions. Mody v. General Electric, No. 3:04 CV 358 (D. Conn. 2006).
* The U.S. Supreme Court cleared the way for age-based disparate impact claims (individual and class) only 2 years ago. Prior to this decision, not all courts recognized this claim. The result? Employers should expect to see more cases alleging that facially neutral policies or practices have a disparate impact on employees 40 years and older. (See Smith v. City of Jackson, Miss., 544 U.S. 2280).
And just when we think we’ve got an idea about what to expect, we can’t forget to think about employees on the other end of the spectrum. Younger workers also believe they are getting the shaft.
* 14% of workers under age 25 believe they have been the victim of age discrimination (based on a survey of British employees)
What remains to be seen is whether their boomer parents — who love to make sure their children are treated fairly — will step in and sue on their behalf. (Straight-A student’s parents sue over F). It will certainly make for an interesting ride.
Savvy employers are taking note of age trends and starting to think long and hard about key practices and policies. Keep in mind that even if you don’t think you have an “age problem” you may be surprised. In many instances, employers may not even be aware that age discrimination lurks in their workplaces.
No matter where your workplace falls on the continuum, it makes sense to get ahead of this trend now. Make sure that your employees (and especially your managers) understand the organization’s position on age discrimination. Help managers understand that it’s not proper to make hiring, promotion, pay or other key decisions based on personal biases and stereotypical assumptions related to age.
How do you do this effectively and quickly? Training. Make sure that your harassment and EEO training programs cover this hot and evolving topic.