Age Discrimination – Words Hurt – Job Postings Show Age Bias

On-the-job age discrimination can be a difficult and humiliating experience, but it can be an even more difficult thing to prove. Once an elderly person – the legal age is 40 and up – loses their job, what they can find is age bias is prevalent in the hiring process as well. Proving it from reading a job posting description to the application process, all the way to sitting for an interview – which for years now could involve multiple interviews within the same company, can be an even harder egregious act to prove. Words hurt senior citizen’s chances of landing a job, and people’s from the age of 40 and up as well. Postings that show age bias are against the law, but proving it exists is not easy. If you feel you have experienced this, you may want to reach out to a professional for guidance. If you are having a hard time making ends meet and you find your finances depleting, we may be able to help you. We buy cars in every Continental U.S. state and if you have an extra vehicle, you can sell your car quick and are paid the value of your vehicle. Our process is fast, safe, and easy; you can see how it works and get an instant cash offer in as little as 20-seconds today.

What Is In the Language?

How can you tell if there is language present indicating age bias when it is not a blatant example? For instance, “Looking for a young female/male for…” definitely makes it easy to see a discrimination; but can you pick the one(s) that is/are age discriminatory from the list below?

1. must be Microsoft Word/Excel literate
2. must be able to lift 50 lbs.
3. must be able to stand on your feet 8 hours
4. must be familiar with (insert software) here
5. social media expert
6. must have reliable transportation

Did you find it? It was a trick question; they can all be examples of age discrimination. Granted not every instance is; some jobs must have someone who meets the criteria and it is perfectly acceptable. However, more often these are trigger phrases that age bias exists lowering a senior citizen’s chances of new opportunities to survive.

In a recent study, fictitious resumes listing different ages of applicants were submitted to companies with job postings. Younger to older ages were used along with similar skills and experience; the younger applicants were the likely ones to get a callback. An important point to note; women tend to live longer and earn less than men over their lifetime. Age discrimination can result in impoverishment in their golden years.

Let’s face it; employers can simply say their decision was to go with another candidate more suited for the position. On the other hand, they can just not respond to the applicant who submitted for the job at all.

Some language does indicate a positive stereotype, but this is used more rarely than not.

1. more experienced
2. dependable
3. more careful

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In 2017, the New York Times and ProPublica conducted an investigation on hi-profile companies accusing them of using social media techniques with the purpose of excluding older workers’ exposure to their job ads.

“If this trend increases, then this may lead to increased age discrimination by ensuring that fewer older workers apply.”

“And by preventing older workers from applying in the first place, age discrimination is harder to detect because it just doesn’t look like older workers applied.”

Pretty good loophole, right? Maybe it is time the Age Discrimination in Employment Act of 1967 is updated with present day standards. Social media and the digital age in general are reason enough for it. *read on

You may think age discrimination in the workplace is defined as comments from coworkers about an older employee’s cognitive or physical abilities, or being overlooked for a position, such as manager; are all viable elements in age bias.

In the application process, another bias, is asking for a high school diploma or a graduation date, which informs the potential employer of the person’s age. Another sign of discrimination for a position could be when “a fun atmosphere” or “party like atmosphere” is in the postings description.

However, there is some news that shows light at the end of the tunnel. Legislators stepped in in an attempt to make changes to this issue by submitting a bipartisan proposal earlier in 2019, for amendments to be made to the Age Discrimination in Employment Act of 1967. The changes would allow an older worker who lost a job to provide admissible evidence – anything showing age discrimination; meaning a person can submit additional types of evidence to support their claim. Moreover, is the “Protecting Older Workers Against Discrimination Act” would not require the party filing a claim to demonstrate age was the sole reason for employment demotion or a dismissal.

To amend the Age Discrimination in Employment Act of 1967 and other laws to clarify appropriate standards for Federal employment discrimination and retaliation claims, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Protecting Older Workers Against Discrimination Act”.

Passed the House of Representatives January 15, 2020.

See below for entire amendment verbiage.

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What happens now?

Now that it has passed through the House of Representatives, it is in the Senate’s hands and once it passes through the Senate, it goes to President Trump for his signature.

What the Law Says About Toxic Workplaces

Is being abrasive and rude at work against the law? It is obvious in most cases, the answer is no. No legal standards exist governing workplace civility. However, there are some exceptions to this. For instance, if someone directs hostility only toward older workers, people of a specific race, or women, etc., is it more than rudeness or abrasiveness? This type of behavior may create a hostile work environment and is some cases; it could be against the law.

Hostile work environment occurs when harassment or discrimination is so severe it changes the conditions and terms of a group of people’s or a person’s employment.

Hostile Work Environment Elements

• Discrimination based on disability, age, religion, sex, or race
• Offensive behavior
• Mental or physical abuse
• Offensive behavior

Harassment

An example of harassment, but not limited to, can be when a colleague(s) comments about an older worker’s performance in what the older worker views as negative treatment.

The EEOC defines harassment in the work environment as:

“Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA).

Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws.”

You can read about harassment in its entirety on EEOC.gov.

Should older workers still apply for a position?

Yes, specific phrases can be used to the older worker’s advantage. Results in the study show discrimination based around the stereotypes – technological skills, communication skills, and physical abilities – that predict an older worker when applying for a new position, during current employment, or when let go from their job can address age discrimination in the workforce.

A person experiencing a hostile and discriminatory work environment may find the behavior projected on them may have a negative effect on their physical and mental health. No one wants to arrive to work environment ready for his or her shift with undo pressure or stress ahead of him or her. In general, losing a job is a devastating experience regardless; but when work related age discrimination is added on top of losing employment, the additional strain of this may make things worse on a person’s health.

Car Buyer USA was alerted by an employee’s personal experience of a family member who recently lost their employment of 10 years; a lawsuit is pending. Because of our employee’s family member circumstances, we purchased her deceased husband’s truck thus offering some relief from her financial burden. Our company being an equal employment opportunity employer, and our strong belief system in the importance of a person’s rights, it resulted in us looking into the severity of bias in the workplace. We want to do our part in providing information along with being there for a person in need. As mentioned above, we buy cars in every Continental U.S. state and if you have an extra vehicle, you can sell your car quick today. We cannot say this loud enough, our simple process is fast, safe, and easy. You can see how it works and get an instant cash offer in as little as 20-seconds today. We will prove you are paid the real-time current market value for your vehicle. If you have been afflicted with age discrimination and you need some financial relief, try us. We would love to help.

Resources

“Protecting Older Workers Against Discrimination Act”
EEOC.gov harassment defined
Age Discrimination in Employment Act of 1967
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