There are more workers over 65 now than ever before. Yet the legal safeguards shielding them from age discrimination have weakened. The Protecting Older Workers Against Discrimination Act is trying to fix that, and it has notable bipartisan support.
The fastest-growing segment of the American workforce is employees age 65 and older. The reasons are many. Over the past decade, real wage growth has stagnated, pensions have disappeared, workers are delaying claiming Social Security benefits to maximize payouts, and lifespans are longer, leaving seniors worried they will burn through their retirement savings way too soon.
"It's an open secret, and everyone knows it happens all the time, but few people stand up and say it's wrong," said Cathy Ventrell-Monsees, a senior attorney at the Equal Employment Opportunity Commission."When it comes to age discrimination — stereotyping and comments — they seem too common." But similar legislation has been introduced twice before, and Boston-based employment lawyer Shannon Liss-Riordan said it has never been enough of a focus to muster the votes to pass.
The recently introduced legislation would restore the legitimacy of mixed-motive claims that would allow plaintiffs to prove age is a motivating factor, if not the deciding factor, in the negative actions taken against them, according to the act. Rick Rossein, professor and employment law expert at City University of New York School of Law, said the legislation would also combat stereotypes that arise about older employees, especially in industries like technology. This would include instances where people are terminated or demoted because their skills don't meet the company's needs, rather than the employers providing training programs to bring older employees up to speed.
A Facebook spokesman told The Washington Post that the company was"surprised" by HUD's decision to sue and had been working with HUD to address concerns and has"taken significant steps to prevent ads discrimination." He said Facebook and HUD talks were complicated by the government agency's request for access to user data.
IBM defended its heavy investment in skills and retraining programs in response to the ProPublica investigation, with an IBM spokesman telling the publication,"We are proud of our company and our employees' ability to reinvent themselves era after era, while always complying with the law. Our ability to do this is why we are the only tech company that has not only survived but thrived for more than 100 years.
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