Taken from: https://www.cio.com
By Bob Violino
Contributing Writer, CIO | JUN 2, 2021 2:00 AM PDT
Bob you are scaring me…
“Recent reports that the U.S. Equal Employment Opportunity Commission (EEOC) found technology company Intel had discriminated against eight older workers during mass layoffs in 2015 have shed light on a topic that often remains in the dark: age discrimination against older workers in IT.
It’s an issue that never seems to go away, and it can hinder career advancement for IT professionals — even at a time when many tech skills are in high demand. Given that a large share of professionals in the workforce are nearing traditional retirement ages, the number of discrimination cases may only rise.
“I am definitely seeing more instances of age discrimination across the board, including with IT positions,” says David Miklas, a management, labor, and employment attorney who regularly works with business owners and CEOs to prevent and defend litigation on all types of employment law matters.
“Age discrimination is a particular problem with the tech industry, because of the tendency for many tech companies to be startups and often run by fairly younger individuals,” Miklas says.
There is a widespread misconception in most industries that older employees are not “digital savvy” and are afraid to learn new things when it comes to technology, Miklas adds. “This assumption often results in decisions that can result in being sued for age discrimination, especially when the older worker is passed over for promotion, not hired, or terminated,” he says.
One issue that arises more in age discrimination claims than other types of discrimination is an employer’s use of selection criteria for hiring, promotion, or layoff decisions that are susceptible to assumptions about age, says Raymond Peeler, director of the Coordination Division, Office of Legal Counsel at the U.S. Equal Employment Opportunity Commission (EEOC).
“For example, an employer making determinations about workers based on ‘energy,’ ‘flexibility,’ ‘criticality,’ or ‘long-term concerns’ are susceptible to employer assumptions based on the age of the worker,” Peeler says. The EEOC is responsible for enforcing federal laws that make it illegal to discriminate against job applicants or employees because of a person’s race, color, religion, sex, national origin, disability, genetic information, or age.
The COVID-19 pandemic has had a devastating economic impact on older workers, says Lisa Marsh Ryerson, president of AARP Foundation, a part of AARP, an advocacy group representing people aged 50 and over.
“Research shows that age-diverse workforces have a positive effect on employee engagement, productivity, and the bottom line,” Ryerson says. “Yet older workers continue to face resistance, more often than not simply because they are perceived to be ‘too old’ for the job.”
Individuals can take steps to overcome age discrimination or work around it to achieve their career goals.
Embrace new technologies and work methods
Older employees should embrace newer technologies and methods of working, because many of the organizations hiring IT professionals have either deployed these tools and methods or are planning to do so. For example, being proficient in the use of the latest mobile devices and apps for work is almost a must today, because so many jobs require people to work from wherever they are at the moment.
“Even if you can perform your duties tethered to your desktop, you should learn how to perform them on a tablet or phone,” Miklas says. ”This will open doors and help remove any assumption that you are ‘set in your ways’ or not interested in making changes.”
Learn new digital communications platforms, Ryerson says. These skills have always been important, but now more than ever because of the pandemic and work-from-home model. Familiarize yourself with Zoom and LinkedIn if you’re not already using them, she says. IT professionals should be open to working from home if that’s what a position calls for.
It’s up to individuals to keep themselves current, says Bill Balint, CIO at Indiana University of Pennsylvania. “IT professionals should take ownership of their career path from day one, and consistently forecast skillset and work culture changes that could impact them over the next 12, 18, or even 36 months,” he says. “Remaining connected to IT industry trends in addition to employer expectations are critical.”
Workers not only should stay current on the latest workplace skills, but document their progress in taking training classes, attending seminars, and so on, Peeler says. “Hard data of the employees training on new skills and processes can overcome or refute assumptions about an older employee’s ability or willingness to take on new tasks or technologies,” he says.
Leverage your past experience
Sometimes by sticking to what they know best, IT professionals can succeed at staying in demand later in their careers.
“When you’re in your late 50s and looking for your next gig, it certainly can feel like age is working against you,” says Bryan Phillips, senior vice president of technology and CIO at Alpha Packaging, a manufacturer of bottles and jars.
“In my personal experience, after leaving my previous CIO job it did feel like some of the companies were looking for someone a little younger,” Phillips says. “For me, moving back to manufacturing from a more high-tech commercial software development company felt a lot more comfortable, and I could still showcase my innovative side from my previous job while leveraging my 25 years of manufacturing experience.”
If IT professionals find that their skills are a bit dated, they should consider their niches, Phillips says. “Some skills are hard to find, like RPG, COBOL, PL1, Pick Basic, and many more that are no longer taught in school,” he says. “Many smaller companies often have a mix of older technologies that are in demand for these hard-to-find skills.”
It used to be that people had to be open to relocating because demand for niche jobs could be geographically diverse, Phillips says. “But not now, since work-from-home situations are much more common,” he says. Searching the popular job sites for a particular niche area can turn up opportunities, he says.
Don’t panic, and be proactive when seeking opportunities
Besides taking ownership of their career paths, Balint advises people who are anxious about potential IT career upheaval or age discrimination to not panic. “Such panic can produce a perceived desperate need to learn a bunch of new technologies, coupled with the fear [professionals] will not be able to learn them well enough and/or quickly enough,” he says.
Instead, veteran IT professionals need to be thoughtful and measured about modernizing their IT skills and knowledge. “They should consider being very proactive in understanding those evolving expectations of supervisors and the organization, allowing skill set modernization to flow accordingly,” Balint says.
For example, when an employer is moving an IT system to either a legacy or retired status, IT professionals operating that system should work to develop specific knowledge and/or new skills needed in the future, Balint says. “Veteran IT professionals who instead fail to be proactive and wait on the employer could make it easier for discrimination to go unchecked,” he says.
Look to be a mentor
One asset that can clearly make older workers attractive to companies is the years of working experience that can be leveraged to help younger workers in the IT field. And mentoring can work both ways, which is even better.
“Older employees should seek out significantly younger — think one or two generations — co-workers to try and create a mutual mentoring arrangement,” Miklas says. “The older worker may be able to help share decades of institutional knowledge to the younger worker, while the younger worker can often share what is ‘hot’ right now for the younger generation.”
For example, a younger co-worker could help the older one get set up on video-sharing platform TikTok and help explain how it works and what type of videos can go viral, Miklas says. “This can allow the older worker to consider whether it is feasible to help the employer’s brand by being on a platform that is designed to reach a younger demographic,” he says.
In general, older workers should make it a point to interact with younger coworkers, Ryerson says. By inviting different perspectives and forging relationships with colleagues of all ages, experienced workers will show that a multi-generational workforce is good for employers and employees alike, she says.
Know your rights
It’s against the law for employers to discriminate on the basis of age, Ryerson says, and older workers should familiarize themselves with the Age Discrimination in Employment Act so they can recognize and respond to discrimination in the workplace.
The act makes it unlawful for employers to refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of age.
Companies are also forbidden from limiting or classifying employees in any way that would deprive them of employment opportunities, or reducing their pay, because of age. The law also applies to employment agencies and unions. While most people would likely rather avoid legal action, it’s a good idea to be familiar with existing safeguards against discrimination.”
Another article found at theladders.com –
“Do you want to know what agism exactly is? How to avoid it? Here is everything you need to know about ageism, plus the industries where ageism is the most rampant.
Over the last year, we’ve seen a rapid change in the workforce. Over 1.1 million workers between ages 55 and 70 have left the workforce in the last quarter, which is an incredible improvement from the 2.6 million that left the workforce in Q2 of 2020.
These numbers are staggering. Especially when you think about the fact that many of these workers won’t find a job anymore and are forced to retire with less money than expected.
The high number of people over 55 in the workforce that wants to work, but can’t get a job is increasing. Why is that? We think it’s because of something called ageism, and we’ll tell you exactly what that is and what industries it’s most prevalent in.
What is ageism?
According to AARP, over 61% of employees in America over 45 have seen or experienced age discrimination in the workplace. 38% of people believe it’s common to see ageism.
While older employees are usually more knowledgeable and experienced than other staff members, they are typically discriminated against in favor of the younger and less experienced employees. Like racism and sexism, ageism refers to discrimination against specific staff members based on their age.
Robert Butler coined the term in 1969. According to Butler, ageism is visible at an individual and institutional level. It can include wrong assumptions, stereotypes, dislikes, avoiding contact, and outright aversion at the workplace against employees who are more experienced and considered older.
In 96% of the cases, ageism is also affecting the health of the employees targeted. They are submitted to “stress-inducing negative age stereotypes” that affect their mental and physical health in various ways.
Common stereotypes against workers considered older
Some of the most common myths and stereotypes of workers aged above 55 include:
- They resist change.
- Are demotivated.
- Avoid career development programs.
- Are less productive.
- Know how to do their work and don’t innovate.
- Are taking sick leave more often.
- Don’t share their knowledge.
- They will leave their jobs sooner.
While there are obviously not true, it’s still what many younger employees think. Employees who are considered older bring their work experience, their life experience, and they overall know how to get the job done. They connect the dots quickly and have deep knowledge of the industry.
Age discrimination in employment act explained
The Age Discrimination in Employment Act of 1967(ADEA) offers protection for certain employees and applicants aged over 40 from all forms of discrimination in the hiring, promotion, discharge, and workers’ compensation. The act also prohibits the use of age preference in the hiring process. It prohibits denying benefits to older employees.
According to this act, it’s illegal for an employer to decide to hire or fire an employee based on age. They also can’t base pay on their age and have a policy that negatively affects employees because of their age. Beware of ageist interview questions and know how to respond to them.
While the ADEA act doesn’t protect workers who are under the age of 40, some states have their own law that protects younger workers from ageism.
7 industries where ageism is most rampant
While it happens in all industries, there are specific sectors where ageism is more prevalent.
These industries are known to have a lower median age among employees, and a couple of them have already lost lawsuits with regards to ageism.
Here are the industries where ageism is most rampant.
1. Business and Finance
Many professionals in the business and finance sector attest that ageism is common in the industry. They feel that they aren’t taken seriously in the business and finance sector because of their age. Some are discriminated against because they are too young, while others feel they face discrimination because they are too old.
Employers in the business and finance industry feel that employees who are too young might not stay long enough in the industry. Others face ageism because they lack the same level of experience as their older colleagues. Old employees face ageism in the business and finance sector because employers feel they are too old to learn new things.
PWC, one of the biggest auditing firms globally, was recently sued in the US, where it was alleged that the firm favors younger job seekers. The company focuses on university campuses for their new hires and doesn’t consider older candidates for their entry-level positions. According to a study presented to the San Francisco federal court by the Plaintiff lawyers, younger people have a 538% better chance of getting hired at PWC than applicants aged over 40. The company finally agreed on an out-of-court settlement in the class suit. It is a clear indication that ageism is rife in the business and financial sectors.
2. Technology
The technology industry is one of the sectors that have a terrible reputation for ageism. Employees in the technology industry often prefer young workers instead of seasoned workers. According to a study done by Payscale, only three out of 18 well-known tech firms in the study had a median employee age over 33. The medium age in seven of the companies studied was 30 years or lower. This is in comparison to other industries in America, where the median age is 42.3 years.
Ageism in the technology sector occurs in various forms, from innocuous comments to being overlooked in the hiring process due to age. Employees in this sector face numerous hurdles to prove that they are not yet a “industry dinosaur.”
As a sign of ageism in the technological sector, Tokensoft, a technology platform that issues digital securities, faces an ageism suit. In the lawsuit, a woman says she was repeatedly overlooked for promotion while opportunities were given to younger workers with less experienced. She also claims to be excluded from dinner meetings with key clients and weekly sales opportunities. Her complaints to the CEO were dismissed as “not being helpful.”
3. Marketing and advertisement
Older consumers have high spending power. This might make you believe that advertisers will target them in their marketing and advertisement. However, this is not the case. In fact, not only is this demographic shunned, but they are also caricatured in many marketing images.
While over 30% of the United States population is over 50, this group only appears in 15% of the adverts. Even in adverts, older people are often shown at home and will be depicted as unproductive employees.
According to a Bureau of Labor Statistics report, over 60% of workers in the marketing, advertising, and public relations industry are under 45 years. The median age is 40. With these kinds of statistics, it is clear why older consumers are often overlooked in marketing messages.
Experts believe that younger employees are often associated with a higher level of creativity and technological aptitude. Simultaneously, the older people are often seen as less innovative, less creative, and not able to put out creative advertisements.
4. Hospitality industry
The Bureau of Labor Statistics indicates that the hotel industry has workers with a median age that is less than 30. The hotel industry has often been found to be discriminatory in the hiring of older workers in principle and in practice.
Some hotel positions such as waiters and receptionists are often for workers below the age of 35. Hotels and restaurants would hire young and vital people over more experienced and professional older workers.
5. Retail industry
In the recent past, we have seen big retailers get sued for age-related discrimination. Retailers GNC and Anthropologie lost in ageism lawsuits.
In the Anthropologie case, an employee sued for what he called an age-based hostile environment as co-workers referred to her as mom despite recording her displeasure at the use of the term. She was also denied a promotion when her manager claimed she didn’t have the stamina for the job, as she was too old. She won the lawsuit from the company.
In the GNC case Santos Anduja, age 57, claimed a manager fired him in his 20s because of his age. He won the lawsuit as well.
These are perfect examples of how the retail industry is equally affected by ageism.
6. Healthcare industry
Five nurses at the former South Peninsula Hospital filed a lawsuit at the Homer District Court alleging that they were fired from their jobs due to age discrimination. All the nurses were aged over 50, and they termed their sacking as an attempt to replaced old employees with younger, less experienced, and cheaper staff. This is even though they were all highly qualified.
In the healthcare industry, ageism is mostly based on productivity concerns. When you get older, people believe that you
7. Energy
Atlas Energy LLC will pay $85,000 in an ageism-related suit against it by the U.S. Equal Employment Opportunity Commission (EEOC). The lawsuit was filed on behalf of a production foreman aged 52 and over 20 years of experience who a young superintendent sacked.
The production forearm was widely considered as knowledgeable by pumpers and field operators under him. This is an indication that ageism is rife in the energy sector.
Conclusion: Industries with the most ageism
All industries have ageism, however, there are some industries where ageism is the most rampant. Generally, the newest industries will have the youngest workers, making ageism more prevalent.
If you are experiencing ageism at work, you can schedule an appointment at an EEOC office. They will help you with the next steps and they will tell you exactly what you need to do. “