As the US population ages, the workforce also will age. It has been estimated there are one billion people on our planet over the age of 60, and that demographic is expected to double by 2050.

In 1986, Congress eliminated a mandatory age of retirement, and amended the Civil Rights Act to help workers over the age of 65. Unfortunately, history tells us that legal enactments do not guarantee equal treatment of citizens in any environment, including the workplace.

The majority of the U.S. population over age 60 is female, and older women are victimized in the workplace at an astounding rate. Many women share similar experiences that have led them to pursue age discrimination cases against their employers. Some of these common threads include:

• Having a young supervisor appointed over them;
• Failing to be promoted at the same rate as younger employees;
• Not receiving the same assignments or responsibilities as younger employees;
• Being laid off or fired despite seniority.

In some cases, an older woman finds she is held to a higher standard than her younger peers. This can lead to an unsatisfactory employee review and demotion or dismissal. The older worker may feel she has little or no recourse, particularly if her superiors are younger. In addition, older women are not encouraged to learn new skills or acquire additional degrees or certifications beyond a certain age, contributing to the false stereotype of being unable to keep up with the younger workforce.

Garrison Keillor, the famous voice of Prairie Home Companion on NPR, has recently announced his intention to retire. At 73, he felt himself making errors during live broadcasts and did not want to affect the quality of his beloved show. While elderly professionals may experience similar limitations over time, the law clearly says that this limit is not to be imposed on the worker by external means – unless the worker cannot perform the essential functions of a position.  Essential job functions are used to determine the rights of an employee with a disability under the Americans with Disabilities Act (ADA). An employee who cannot perform the job’s essential functions, even with a reasonable accommodation, is not considered qualified for the job and is not protected from disability discrimination.

Workplace discrimination of any kind is illegal. As Americans age with insufficient financial backing, many older workers continue to work beyond age 66, the presumptive Social Security retirement age.

If you are experiencing discrimination in your workplace, or have been fired or non-promoted for unjust cause,  contact one of our employment discrimination attorneys at Hanan M. Isaacs, P.C.  “Compassionate counsel; tough advocacy”: that is what we do.  We will discuss your case with you confidentially. We offer weekday and evening appointments.  Call 609-683-7400 today or contact us online to schedule a reduced rate initial consultation.  You will be glad you did.