In January, the U.S. Supreme Court heard oral arguments about whether the age discrimination rules for the federal workforce are different from those for private sector employees.
Three referees who have worked with the NCAA for over a decade filed suit recently for age discrimination. They claim that, despite highly favorable evaluations, the number of games they have been assigned to officiate has dropped off. In fact, none has been assigned to the most lucrative games, those in Division I.
The Age Discrimination in Employment Act (ADEA) prohibits age discrimination against employees who are 40 and over. It applies to both the private and public sectors, including the federal government. However, the language in the Act is slightly different when talking about federal employees than when discussing private sector employees.
According to a recent survey by the insurer Hiscox USA, 21% of American workers over 40 say they have suffered from age discrimination in the workplace. The age at which they are most likely to experience discrimination is 51, and men may suffer it slightly more than women.
Cheryl F. applied for jobs at Google four times over the course of seven years. Despite "highly pertinent qualifications and programming experience," however, and despite staff interviewers apparently finding her to be a good fit for the company, she was never hired. She believes that it was because she is over 40.
Ever since the nonprofit newsroom ProPublica did an exposé last year, former IBM employees have wondered whether the company's recent global restructuring and layoffs were motivated in part by age discrimination. Now, a group of ex-workers has filed a federal lawsuit in an effort to break down two barriers IBM put in the way of age discrimination claims.
Now that Justice Brett Kavanaugh has been sworn in, there is a full slate of justices on the U.S. Supreme Court. Their new term began Oct. 1, and the court jumped right in to hear oral arguments about an age discrimination case.
Can employers legally limit the ages of job prospects by recruiting only on college campuses? Can they cap the years of experience applicants are allowed to have? Can they set up social media recruitment campaigns that exclude older people? Or would taking active steps to minimize a job's visibility to workers over 40 violate the Age Discrimination in Employment Act (ADEA)?
Recently, the independent, nonprofit investigative journalism newsroom ProPublica released a detailed analysis of massive personnel changes at IBM that it believes indicate age discrimination.