It Happened to Them
Workplace Age Discrimination
By Donna L. Robinson
Age discrimination in the workplace is a hot topic, especially today when many older adults are looking for work or staying in jobs far longer than in previous generations.
Economics is one factor; improved health and longer lifespans are another. The number of workers 65 and older has more than doubled in the past two decades; the increase is similar for people 75 and older, according to the Bureau of Labor Statistics.
Older Workers
An example of this trend and someone who employs older workers is Roger Sustar, who founded Fredon Manufacturing Corp. in Mentor and has been its CEO for 54 years.
“We do have some people who have been with us for years that are still working full-time. My second-shift supervisor is 67 years old and has been with us over 30+ years, and my first-shift lead man at 70 years old has been with us 50 years or more,” Sustar says.
“Many of the instructors at AWT (Alliance for Working Together), the manufacturing sister organization for Fredon Corporation, are retired Boomers and seniors whom we hire to train students, are still glad to work, and we are glad to have them. People with age experience (who are) giving their knowledge back to apprentices are precious. Both Fredon Corporation and AWT look at the Boomers’ and seniors’ qualifications, what they bring to the table, and experience more than their age, even with new hires,” he adds.
Not every employer has that attitude.
One local woman who wants to remain anonymous described her experience with workplace discrimination.
“In my late 50s, and early 60s, I was employed as a nurse manager in a long-term care/skilled nursing facility from 2011 to 2013. I was very qualified for my job, and had the knowledge and nursing skills when I was hired as a manager in a memory-care unit, which was perfect for me…but then shortly after that, was moved to a lower-level skilled unit.”
She continues, “I felt overwhelmed fairly quickly, and as a salaried employee, worked many long hours. My job as a nurse manager was my sole income. I was demoted about the two-year-three-month mark or so. The only reason I remember getting demoted was they needed an R.N. as manager, and the person who took my place was a friend of the director of nursing. I was on my feet almost the entire shift, seldom had time for meals or breaks, and was physically in pain from lifting patients.
“When I had an opportunity to speak with the nurse who hired me after I left, I mentioned I thought they pushed me out because I was older and making more money than the younger nurses that had been hired. She stated that it could have been very well true.”
Another local worker, who also wants to remain anonymous, was 72 when he applied for a job as a bartender with an Ohio-based company that operated restaurants with large bars.
“I sent the restaurant manager my resume along with a picture of myself and a copy of my licenses in mixology, and I passed the Ohio Safe Serve Test. I felt I absolutely had the qualifications for the job I applied for, based on education, prior experience, talent, and skills.”
He didn’t get the job and the company wouldn’t tell him why.
“After looking at the ages of the staff, it was apparent why I was not hired. Furthermore, some of the bar staff have no experience as to how to properly greet a patron, present a menu to them, properly prepare the bar rail for the drink preparation, how to mix a drink correctly, and how to present the drink to the patron.
“I did feel that I was treated unfairly and I felt that the manager broke a law by not hiring me because of my age. I was qualified. All of the workers at this establishment are very, very young.
“Age discrimination is deplorable. Many younger hires—and I am using my words very carefully—can’t work well at all. It is we older people who can still bring out the work ethics in a job we would work at.”
Is It Your Age, Or Just You?
Identifying Workplace Discrimination
We talked to business and employment litigation attorney Max E. Dehn, a shareholder at CavitchFamillo Durkin Co. in Cleveland about workplace discrimination.
Q: What is, or is not, age discrimination in the workforce/workplace?
A: It is the imposition of an adverse job action such as termination, demotion, or lower pay, because an individual is over 40 years of age. It is not the imposition of an adverse job action undertaken irrespective of age. An example of the latter is an older employee who is laid off because his salary is higher than a younger employee who is retained. It is permissible to make decisions based on cost so long as they are independent of age considerations.
Q: What can someone do if they are a target?
A: The employee may make a record of their allegation of being targeted, either to HR (human resources), ownership, or a supervisor. The employee should call a lawyer if they believe that their rights have been violated. The employee may also file a complaint with either the Equal Employment Opportunity Commission or the Ohio Civil Rights Commission.
OCRC: civ.ohio.gov/how-to-file-a-charge/filing-a-charge
EEOC:.eeoc.gov/filing-charge-discrimination
Q: How common is age discrimination?
A: Employers often make decisions based on the age of employees or applicants for employment. Such decisions are often discriminatory, but not always actionable.
Q: How can someone recognize age discrimination and what can they do about it?
A: The obvious sign of discrimination is disparate treatment. Younger employees are treated differently; younger applicants are hired ahead of applicants over 40, etc. The employee should call a lawyer if they believe that their rights have been violated. The employee may also file a complaint with either the Equal Employment Opportunity Commission or the Ohio Civil Rights Commission.
An individual with age discrimination concerns should contact an attorney. There is also a lot of information available on the internet. A good start is the EEOC at eeoc.gov/law s/guidance/fact-sheet-age-discrimination.
