Older workers and the law

Is age discrimination a serious problem, and should protections be included in the Civil Rights Act?

According to the American Society on Aging July-August 2007 Aging Today (just received today), the answer to both questions is a strong yes. Stereotypes of older workers are used to discriminate in hiring. And even when people are happy with their older employees, it may not occur to them to offer them promotions or training.

The topic of age discrimination is much in the news.

Last week, an appeals court ruled that Brian Reid could proceed with his age discrimination suit against Google. Google fired the 54-year-old Stanford University professor after two years of coworkers' calling him “an 'old man,' an 'old guy,' an 'old fuddy-duddy.' They told him his knowledge was ancient, and joked that the CD jewel case office placard should be an 'LP' instead of a 'CD.'"

The same week, the Supreme Court agreed to revisit Gomez-Perez v. Potter to decide whether age discrimination provisions for federal employees include anti-retaliation protections for reporting such conduct.

Myrna Gomez filed an age discrimination suit against her employer, the US Postal Service, when she was 45. After that, she said, her employer and co-workers “retaliated” against her and cut her hours.

What’s the story in Wisconsin? I can’t say. But here’s some information about the state’s Fair Employment Law. And here’s where you go to start filing a federal complaint in Milwaukee.

It seems odd to be hearing about age discrimination while we’re also hearing about labor shortages. According to that other law, supply and demand, businesses would do well to cultivate their older workers.

Last spring, the Small Business Journal ran The Graying of Milwaukee, which reported that Wisconsin’s labor shortage will be particularly acute. It will accelerate after 2010, and “by 2015 all of the growth in the working age population will be generated by people age 55 and older.” (emphasis added)

That means finding new ways to do business and new ways to train and keep older workers.

What experiences and insights do you have about older workers -- and attitudes toward them? Should there “be a law”?