Earlier this month, the Equal Employment Opportunity Commission announced that Seasons 52, an Orlando-based restaurant chain, would pay $2.85 million to settle a nationwide age discrimination lawsuit brought by the commission.
The lawsuit was filed pursuant to the Age Discrimination in Employment Act, a federal law that protects applicants and employees from discrimination and harassment for those age 40 and older. Employers with 20 or more employees are covered by the law.
The lawsuit alleged that Seasons 52 denied employment to a class of older workers, including 132 applicants who claimed that they were asked their age by managers who interviewed them or that the managers made age-related comments during the interviews.
Alleged comments included “Seasons 52 girls are younger and fresh”; “Most of the workers are younger”; “Seasons 52 hires young people”; and “We are really looking for someone younger.”
The statistical evidence demonstrated that Seasons 52 hired older workers at a significantly lower rate than those younger than 40.
“Although ageism is among the most common forms of employment discrimination, applicants who are turned down rarely know the reason why,” EEOC trial attorney Kristen Foslid said. “When an employer has a trend of rejecting older applicants, the EEOC will respond aggressively to combat age stereotypes.”
Unfortunately, age discrimination in hiring is frequently subtle, but real.
A human resources professional recently shared with me that her CEO chastised her for hiring an older worker, telling her that the company was trying to change its workforce and that if people see older workers getting hired, they are less likely to attract younger workers.
Some employers stereotype older workers, thinking they cannot adapt to change or will not be able to keep up with technology. Employers also think older workers who accept jobs beneath their skill levels will leave the organization quickly and be dissatisfied with their situation.
These concerns are short-sighted and often inaccurate. Making an employment decision based on this mindset could lead to a claim of age discrimination. Employment decisions must be made without regard to age, and the hiring process should focus on the skills, knowledge and abilities of the individual. In addition, employers are justified to hire individuals who will integrate and adapt well to the environment.
Merely because the workforce is young, as in the case of Seasons 52, should not lead an employer to reject an older worker out of fear that she or he cannot assimilate. If anything, bringing an older worker into an otherwise younger workforce could bring leadership, mentoring and wisdom to younger workers.
Older workers also need to take initiative to keep current and diverse in their skills. Too often, I get an email from someone who hasn’t attended a single professional development opportunity in 20 years, stating he or she has been laid off and is now looking to network.
Regardless of your job, there is no guarantee there will be one there for you tomorrow. Ask yourself if you lost your job, do you have a diverse, current and relevant set of skills to market yourself?
If not, put a plan in place for retraining, seek diversification of your skills at your current employer, stay active in your professional associations, network and find relevance in your current skills to other types of careers.
We all must own our own future and plan accordingly.
If older workers stay relevant and ready for new opportunities, and employers comply with the law and use a proper hiring process, all workers should share a fair opportunity for employment.