The under-reported impact of age discrimination and its threat to business vitality

Abstract

The Age Discrimination in Employment Act (ADEA, 29 USCA, 621) is credited with helping eliminate many blatant forms of age discrimination in employment. For example, before the ADEA was enacted 37 years ago, it was common for employment ads to list age limitations, indicating people over 40 need not apply. Across the board, mandatory retirement policies went unchallenged. Despite advancements in these areas since the founding of the Age Discrimination in Employment Act, it remains to be seen whether the ADEA has completed the job it set out to do. Has it proven to be an effective tool for eliminating the unreasonable prejudices that make it difficult for older workers to achieve their full potential? Has it provided adequate compensation for victims of discrimination? The following article takes a snapshot of the current work environment to gain a perspective. Based on extensive interviews with academics, employment lawyers, advocates for older workers, and older workers themselves, it reveals the need for reforms. It finds that, in a legal environment slanted toward employers, older workers continue to face bias and stereotyping, that most victims of discrimination are not made whole, and that society's lack of concern for this type of discrimination may prove more costly in the future as employers look more to older workers to fill projected workforce gaps.