Data shows that the U.S. labor market consistently has more than 7 million job openings at any given time. Despite this, the latest data from the U.S. Chamber of Commerce indicates that employers report that they face challenges finding enough employees to fill open job positions. This worker shortage is taking a toll on federal, state, and local governments; understaffing creates operational challenges and increases workloads for existing employees. Despite this shortage of qualified workers, there is still a stigma held by many against hiring and employing older workers. A 2024 AARP report documented that 90% of adults over the age of 50 believe ageism is common, and about two-thirds believe older workers face discrimination in the workplace.
The Equal Employment Opportunity Commission (EEOC) has conducted multiple surveys and issued reports regarding age discrimination in the workplace. It found that more than 60% of workers aged 45 and older report that they have experienced age discrimination. One EEOC report found that age discrimination was alleged in over 30% of all federal sector complaints, which was higher than in the private sector.
The Age Discrimination in Employment Act of 1967 (ADEA) prohibits age discrimination in employment, including the refusal to recruit or hire candidates because they are 40 or older. In 2024, Hatzel & Butler, an electrical contractor with locations in 8 states and Washington, D.C., agreed to settle a lawsuit filed by the EEOC for age discrimination. The lawsuit alleged that the defendant engaged in age discrimination when one of its branch vice presidents requested that recruiters seek out younger candidates for job opportunities, and then refused to hire older candidates who fell outside of his preferred age range. “Job candidates should be evaluated based on their qualifications, not their age,” said EEOC Philadelphia District Office Regional Attorney Debra M. Lawrence. “The EEOC will continue to hold employers accountable for age-discriminatory recruitment and hiring practices.”
While age discrimination can be direct and blatant, it can also be indirect and less obvious. One example is the use of coded language, such as when an employer seeks candidates described as “digital natives”—a term commonly used to describe those born in the 1990s or later who grew up with the presence of digital technology.
Despite discriminatory stereotypes, older employees are an asset to employers. According to Forbes Human Resources Council, organizations cannot solely recruit younger workers to fill their talent requirements and need to embrace older employees and job candidates not only to meet current demands, but to position themselves for future success.
Businesses should keep in mind the importance of ensuring compliance with federal, state and local anti-age-discrimination laws. If you have questions about age discrimination in the workplace, or any other employment law issue, please call our office at 301-441-1400 to schedule an appointment with one of our attorneys. www.thatcherlaw.com
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