A recent survey indicates that millennials are more likely than older generations to report seeing age discrimination in the workplace. While age discrimination is prohibited in Indiana and across the country by the Age Discrimination in Employment Act, millennials are not yet old enough to benefit from it. The ADEA protects people who are 40 and older from discrimination based on age.
Indiana is not one of the states under the jurisdiction of two appeals courts that ruled that age bias can play a part up to a point in employment decisions for federal employees, but an upcoming Supreme Court decision will have a nationwide impact. According to the 9th Circuit and the U.S. Court of Appeals for the 11th Circuit, the Age Discrimination in Employment Act of 1967 only applies for federal employees if age bias is demonstrated to be the reason for not hiring someone, firing him or her or another adverse action as opposed to it being a factor.
We have written extensively about many of the problems that come with discrimination, from financial hardships due to losing a job or being demoted to career problems. However, the emotional impact of workplace discrimination cannot be overstated, and this is especially true when it comes to discrimination based upon one's age. Far too many people have been treated unfairly solely because of their age, even though their ability to perform their job duties may surpass the performance of younger workers. Hopelessness, depression, anxiety and even anger are not uncommon for those who have suffered as a result of age discrimination, and these emotions can be debilitating.
The workforce of today is completely different than what it consisted of years ago. While some people still choose to retire at a relatively early age, others are forced to work until they are much older. A number of Americans are unable to or have been unsuccessful at putting savings away in a retirement account, and with rising costs and living expenses, are forced to stay in the workforce in order to make ends meet.
Some people do not take age discrimination seriously, whether they think that older workers and job applicants should simply accept the fact that they can be turned away due to their age or they do not understand how serious discrimination of any form can be. Unfortunately, age discrimination can turn the lives of workers and those applying for a position upside down in various ways. Age discrimination can result in many harsh consequences, not only from a financial perspective but in terms of one's emotional health and future opportunities as well.
While older workers should be valued for their wisdom and experience, this is not always the case. Some workplaces are quite hostile towards older workers, to the point where steps are taken to oust aging employees over a younger, less expensive staff. If you're concerned that you're the victim of age discrimination, AARP recommends looking for the following signs.
Many people in Indiana today find that they are not always ready to retire as early as their parents or grandparents did. There may be a myriad of reasons for this but regardless of why, a person at an older age should be able to work without fear of being discriminated against or harassed because of their age. Fortunately, there are legal protections in place designed to prevent this or to provide workers the ability to seek compensation if such things do occur.
It's a question that has been weighing heavily on the minds of many older adults in Indiana for years now. Ever since the recession, the job market has become not only competitive but businesses are advancing on the idea that more experienced workers equal higher pay. But what happens to people who are 50 years or older and out of work? And can businesses really discriminate against them based on their age?
As most people may already know, Indiana and many other states have strict employment laws that make it unlawful for a business or company to treat any worker unfairly because of age; but what if your employer were the United States Government? How do you claim age discrimination when they are the ones creating the laws?
Indiana residents who have faced age discrimination will be happy to learn that the U.S. Court of Appeals has ruled that a 65-year-old employee, who was forced into retirement, is protected by the Age Discrimination in Employment Act.