How Age Discrimination Lawsuits Can Benefit The Workplace
Sheila Callaham Contributor, Feb 25, 2024, 07:25am EST
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Leaders are focused on what drives revenue and keeps shareholders happy. As a result, people strategies don’t always get the attention and rigor they deserve. HR and DEI practitioners are facing ongoing staff and funding cuts, which means less bias training. Considering that most DEI programs already neglect training employees on the myriad of ways age bias, stereotyping and discrimination show up in the workplace, it’s no surprise that lawyers are seeing an increase in complaints.
“Employers are not taking age discrimination seriously,” said to Peter Romer-Friedman, principal and founder of Peter Romer-Friedman Law PLLC. “I have seen DEI trainings that barely mention the issue of age discrimination, which suggests that employers who host those DEI trainings are not focused on age at all.”
Age Discrimination Litigation Increasing
The Age Discrimination in Employment Act is meant to protect workers 40 and older. Administered by the U.S. Equal Employment Opportunity Commission (EEOC), age has historically not been a major player in discrimination cases. But that’s changing.
Increasingly, employers are turning away older applicants or firing older employees to replace them with younger ones.
“Age discrimination is an acute and growing problem for older workers in America,” according to Romer-Friedman. “Nearly six decades after Congress prohibited age discrimination in employment, large and small employers alike seem to think that age bias is totally fine. And with employers using algorithms and new technologies to recruit and hire, older workers are routinely denied opportunities–as much as any other protected group.”
Romer-Friedman observed that about one-third of employers have steered digital job ads toward younger people, completely excluding older workers.
“We are now seeing more age discrimination suits because older workers are fed up with the status quo. They know their rights and have the courage to stand up to this harmful bias.”
Ageism Also Impacts Younger Workers
When employees only see people under 40 interviewing for open vacancies while older talent is pushed out the door, that is the future they envision for themselves. Trust is undermined, and loyalty to the company is disrupted. The exclusion of older workers is particularly unsettling given that it predicts the future work experience for anyone younger.
Alternatively, when younger workers see talent being recruited, developed and promoted across the age spectrum, they can better envision that future for themselves. In turn, their sense of employer safety, loyalty and productivity is positively impacted.
For these reasons, employees of all ages must advocate for greater age inclusion, including 20- and 30-year-olds.
“I definitely think there is a lack of wokeness when it comes to ageism and the association of age and ableism that needs to be addressed,” said Mahir Nisar, principal at the New York employment litigation firm Nisar Law Group. “I see it prevalent within the younger generation, too. They are very aware of other forms of equality and equity issues, but regarding ageism, they are not.”
How Lawsuits Help Shape A More Inclusive Workplace
“I don’t believe enough people are complaining about the age discrimination they face,” said Nisar. “We need more people to identify it when it happens, appropriately document their experiences and seek accountability.”
For older workers, the cultivated workplace culture was about acceptance and compliance with employer narratives, according to Nisar. As a result, many older workers suffer without taking action.
Any form of injustice towards people that goes unchecked and unaccounted for is an opportunity for ongoing oppression. The more a victim understands systemic discrimination, the more likely they will be to advocate for their rights, according to the law.
Employers will become increasingly accountable for addressing workplace ageism if employees who experience or witness it properly raise and document their concerns to management. If employers ignore the problem or retaliate against the employee, it only increases a company’s exposure to legal recourse.
Until employers begin addressing the age issue through appropriate education and training, age discrimination lawsuits will continue to increase.
“Lawsuits reflect a failure to resolve disputes through alternative approaches that are more effective in obtaining accountability,” said Nisar, who highlights what the road to litigation might look like. “Firstly, if the employee experiencing the discrimination advocates effectively against it, most employers will try to avoid the liability and address the issue. If the employee’s advocacy against the discriminatory behavior doesn’t yield a result, the employee may consult an attorney to discuss a reasonable settlement. And, if the employer doesn’t want to discuss a settlement, then it’s appropriate to understand their position before filing a lawsuit so you understand the defenses you will need to overcome.”
Like U.S. voters, who can’t avoid the ongoing ageist and ableist political debate, companies can no longer deny that workplace age and aging deserve leadership attention and action. If doing the right thing is not reason enough, then the increase in litigation may be just the impetus employers need.