Ageism on the Job

This decade, we're seeing the largest group of workers in history move into the age range of 45 to 69. In California, for example, nearly half of the working population will be classified as older workers by 2010. But this generation of "seniors" is different than its predecessors. They're healthier, more confident and younger looking (and acting) than ever before, a trend prompting media to declare that "50 is the new 30."

While two decades ago, Jane Pauley was booted off the Today Show for being "over-the-hill" at 39, the same program recently replaced then-49 year old Katie Couric with 52 year old Meredith Viera. The age of the average CEO is rising as well -- with the eldest, Rockmount Ranch Wear's Jack Weil an astonishing 104. Three of the five Oscar nominees for best actress this year are either pushing or past 60. Even Pope Benedict landed his job at 78.

Does this mean the days of age discrimination are behind us? Unfortunately, no.

According to the EEOC, "the Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age." Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to employment, including hiring, firing, promotion, compensation and benefits.

The American Association of Retired Persons (AARP) reports that age discrimination claims are on the rise -- with workers over 50 saying they're having a harder time finding full-time work than their younger counterparts. While this surge in claims in large part can be explained by the sheer numbers of older workers (as well as their tendency to be more aware of their rights -- and litigious -- than previous generations of older workers), AARP still sees blatant cases of age discrimination, such as an executive search firm that screened out candidates over 45.

Heck, even workers over 40 say they've experienced ageism. Take Laura, a 44 year old communications professional who applied for a public relations position at a nearby university. Even though she was well-suited for the job, she was not even granted an interview. When she called to inquire why, she was told she had too much "experience" and that they were looking for someone less "seasoned." On the advice of her peers, Lauren has since removed the dates she received degrees from college and graduate school from her resume and eliminated her first job entirely. Now she says, she can at least get a foot in the door before bumping her carefully died roots on the "grey ceiling."

On the other hand, some believe having a few lines in their face has actually helped them land a job. Roger, a 49 year old attorney recently left a large law firm to become chief corporate counsel at a major corporation. "People want experience and gravitas in their lawyer," he says. "I find the older I get the more marketable I am."

Dolores, a 57 year old nurse and confessed "job hopper" believes that the medical profession is also friendly to older workers. "I've never had trouble finding a job; I've switched facilities three times in the last five years and my advanced age has never held me back. In fact, many have considered my maturity to be an asset."

Ed Koller, president of a leading media-recruitment firm agrees that there's never been a better time to be 50 and searching for work. He says today's generation of older workers are still in demand as companies look for "the two E's -- Experience and Energy."

And Wall Street Journal's Sue Schellenberger believes that if any group can turn their age into and advantage, the baby boomers can. Noting that it was the baby boomers who pressed for help with child-care, flexible scheduling, and other work-family supports, Schellenberger believes this group of older workers has the education, sophistication and clout to demonstrate their worth to an organization (as well as passion to ensure that companies which practice ageism do so at their own peril.)

If you think you have been subject to age discrimination at work, you can contact your EEOC field office by calling: 1-800-669-4000 (voice) or 1-800-669-6820 (TTY) or go to www.eeoc.gov.