Ageism is real and occurs on a daily basis. Thousands of people face it every day, but there are still too many people that don’t believe it even exists.

1. Agesim – It’s Not Real Until It Happens To You
OVERVIEW
Ageism is real and occurs on a daily basis. Thousands of people face it every day, but
there are still too many people that don’t believe it even exists.
THE REALITY
Ageism.
It exists. It happens. Daily in fact. But
too many people don’t seem to
believe that it exists or that it is an
issue.
They’re wrong.
Ageism not only exists, it is
happening to an ever-increasing
segment of the population – those
over the age of 50.
And more interestingly, ageism is
apparently the one type of
discrimination that is acceptable. At
least in the USA.
Sure, there are anti-discrimination
laws that supposedly protect people
over a certain age. For instance, in
the US the Age Discrimination in
Employment Act (ADEA) of 1967 is a
federal law that is supposed to protect Graphic Courtesy of AARP Digital Design

2. workers and job applicants age 40 and over from age-based discrimination in all
aspects of employment. There is also the Age Discrimination Act of 1975 which
prohibits age discrimination in programs and activities receiving federal financial
assistance.
However, in an AARP survey of more than 1502 older adults, “…about 64 percent say
they have seen or experienced age discrimination in the workplace. Of those, 92
percent say it is very or somewhat common.”
In another AARP survey, 60% of adults over the age of 45 stated that they have either
seen or experienced age discrimination in the workplace and 38% of those believe the
practice is very common.
So how effective are those laws really?
In addition to the federal laws, each state has their own anti-discrimination laws that
deal with age discrimination. However, each state’s laws are unique, so the process and
time frame for filing a complaint, as well as the procedures for resolving those
complaints, differ from state to state.
ENFORCEMENT – TRUE OR FALSE
Regardless of the fact that there are both federal and state laws designed to protect
people from age discrimination, all of those laws are difficult to enforce, as age
discrimination is extremely difficult to detect, much less prove.
In 1997, approximately 15,700 age discrimination complaints were filed with the Equal
Employment Opportunity Commission (EEOC) under the ADEA. In 2008 that number
had increased to approximately 24,500. With approximately 20% of the workforce
(~33,000,000 people) over the age of 55 today, age discrimination complaints will likely
continue to rise.
Unfortunately, the reality is that when it comes to age discrimination, employers are not
held accountable for their actions. This allows employers to take such actions as forcibly
“retiring” (i.e., firing) older employees. This is often done under the guise of “right-sizing”
or “adjusting to business conditions”. Employers may also deny advancement
opportunities and promotions to older employees, effectively curtailing their careers.
This is often done under the ruse of saying the person “is not a digital native”, “is not a
cultural fit” or “does not have the energy to keep up”. Those are all code words used to
indicate that an employee is older, yet employers are able to use those phrases to
blatantly discriminate against older employees.
Once they get rid of their older employees, many companies continue to skirt the age
discrimination laws when offering severance pay or benefits packages to those workers.
While the practice of providing post-employment benefits initially sounds reasonable
and in support of the older employees who have been let go, the truth is those benefits

3. are only given to the ex-employees under the condition that they sign waivers releasing
the company from liability or any future prosecution.
This means that the company effectively holds the severance pay and benefits
packages hostage unless the employee signs away their rights. Older employees know
that job hunting when you’re over 50 is increasingly difficult, so they can’t afford to pass
up that pay and benefits. Therefore, they have no choice but to sign the waiver.
Can you say signed under duress?
Yet that tactic is legal.
It’s no easier for older individuals who are seeking employment, as myriad ways exist
for employers to get around the applicant screening process. For instance, although it is
ethically abhorrent for employers to ask questions on a job application such as, “What
year did you graduate from college?”, or, “What is the date of your birth?” sadly, believe
it or not, it is not illegal to do so! This allows employers to screen out potential
employees based on age without any fear of prosecution.
And while there is a process to file an age discrimination complaint with the EEOC, the
people who experience age discrimination are usually those who are either on their way
out the door or have already been let go and are in the middle of a job search. They
don’t have the time or the disposable income to file a complaint and fight a lawsuit, so
numerous instances of age discrimination go unreported.
These examples illustrate how the federal government effectively gives employers free
rein to discriminate against those they consider to be too old. Employers know full well
that they will not be held accountable for their actions, much less prosecuted or
punished in any way, so they don’t worry about practicing age discrimination.
Is it really any wonder that age discrimination is rampant?
IRONY REIGNS SUPREME
But the most ironic, and perhaps the most interesting, aspect about the whole age
discrimination issue is that unless things change, everyone working today will ultimately
be affected. One hundred percent of the people who are now working and who will want
to continue working once they’re older than the age of 50 (or maybe even 45 in the
future) will be affected in one way or another. The Bureau of Labor Statistics indicates
that by 2024, 25% of the workforce will be over the age of 55, which is approximately 41
million people.
So why don’t they care now?

4. There’s an old saying that says “Hindsight is 20-20.” This means that looking forward
you may not be able to see things clearly, but looking backward at what has already
occurred, you’ll always be able to see clearly what happened.
Maybe that’s really the reason. Maybe it’s because those who are not over the age of
50 yet can’t see that far into the future for themselves. While they may intellectually
realize that eventually they too will be older, they don’t realize that unless they help
make changes now, by the time they reach that age they may face the same age
discrimination issues.
Or perhaps it may get even worse.
When you’re young and just starting out in a career, time seems to stretch out in front of
you. You see an infinite future ahead, so things that will affect you later in life aren’t
important or given any consideration. But as you age and mature, time seems to speed
up. All of a sudden you don’t have enough time to do all the things you planned on
doing when you were younger.
Including changing the laws and the culture around ageism.
And if you don’t help change those laws while you can, then, lo and behold, you’ll find
that at some point you’re affected by ageism as well.
And suddenly it becomes real.
© Richard Hatheway, Catalyst Strategic Marketing
All rights reserved

5. APPENDIX
 AARP Age Discrimination Fact Sheet
 AARP Value of Experience Study
 US Equal Employment Opportunity Commission Age Discrimination Information
website
 US Equal Employment Opportunity Commission Age Discrimination in Employment
Act of 1967 website
 US Department of Labor Age Discrimination Act of 1975 website
 US Department of Labor Section 188 of the Workforce Reinvestment Act of 1998
website
 Workplace Fairness Age Discrimination information website
 BrandonGaille, “45 Shocking Ageism Statistics”, May 21, 2017
 AARP report “Staying Ahead of the Curve”
 EEOC report: “The State of Age Discrimination and Older Workers in the U.S.
50 Years After the Age Discrimination in Employment Act (ADEA)”
 EEOC report: “Age Discrimination in Employment Act (Charges filed with EEOC)
(includes concurrent charges with Title VII, ADA, EPA, and GINA)
FY 1997 - FY 2018”
 Bureau of Labor Statistics, Older workers: Labor force trends and career options