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by kathleen "kelly" bergeron
The Graying Of The American Workforce
Today 12 percent of all Americans are aged 65 or older; by 2030, that age group will
represent 17 percent of the population, a rise from 31 million in 1999 to 52 million 30
years from now. As America gets older, so will the workforce.
The aging workforce is a direct consequence of the so-called Baby Boom generation, the
43-million infants born in the years immediately following World War II. Thanks to
increased life and health expectancies, demographic trends, and changes in social
legislation, the Baby Boomers are prolonging their careers.
What affect does an older work-force have on employers? The Age Discrimination
Employment Act (ADEA) provides protection for individuals aged 40 and older. The ADEA,
which prohibits employers from making employment decisions based on age, applies to
private employers as well as state and local governments.
The Older Workers Benefit Protection Act (OWBPA) adds "teeth" to the ADEA by
prohibiting discrimination against older workers in all employee-benefit,
reduction-in-force, and early-retirement plans. Some of the provisions under OWBPA are
complicated and should be carefully examined before confronting benefit compensation
issues involving older workers.
Although the percentage of claims based on age discrimination has been declining since
1995, employers shouldn’t drop their guard. They must eliminate any indication of age
bias in the workplace, ensuring that no grounds exist for an age-discrimination claim.
Every employer should review its hiring practices, evaluation and promotion systems,
retirement programs, and termination procedures to ensure that all employment practices
are blind to age.
When advertising for positions, don’t specify or limit the age of applicants.
Avoid terms such as "student or recent college graduate" and "young and
energetic." There are certain jobs that can specify age as a "bona fide
occupational qualification," or BFOQ. These types of occupations usually involve
public safety, as in fire, police, and aviation services. Before you advertise a position
with an age restriction, make sure your job description can meet the requirements
established for a BFOQ.
Another indication of age discrimination could be requiring applicants to complete an
application that requests age, birth date, or date of graduation from high school. These
questions are not unlawful but can be used to support a claim of age discrimination by an
over-40 applicant who is not selected for the position.
Other employment practices, particularly promotions and terminations, must clearly rely
on performance as the sole basis for decision-making. And while all employment actions
must be accurately documented, any reference to age should be avoided.
Beware of the actions of other employees. Don’t let younger employees refer to a
co-worker as old man or old woman, or make fun of old-fashioned or out-of-date clothing,
habits, or beliefs. Make clear that making fun of an older employee with harassing or
jeering comments is not acceptable. If you as an employer are aware of such behavior, you
must eliminate it immediately. A claim could be made that you discriminated against older
employees by condoning an atmosphere where older workers were made to feel uncomfortable.
Go ahead and develop written policies and procedures now -- before the need arises. A
policy that originates with the accommodation of one older employee will be suspect and
may give the perception of age discrimination.
Employers must remain adaptable to the changing workforce, adopting policies to ensure
that all employees are treated fairly and without prejudice.
Kathleen "Kelly" Bergeron is executive vice president and chief of staff of
Associated Industries and affiliated corporations.
March/April 1999 -- Florida Business Insight, PO Box 784,
Tallahassee, Fla. 32302, (850)224-7173, insight@aif.com |
