EEOC Rulings Validate Hiring Youngest Candidates with Fewest Objective Qualifications

The EEOC, in recent rulings, appears to have completely subverted the stated goal of the Age Discrimination in Employment Act (ADEA), which is to insure the most qualified candidate gets the job.

When former President Lyndon Johnson signed the ADEA fifty years ago, qualifications referred to criteria that were largely capable of objective measurement,  like education, experience and achievement.

In August, the director of the Office of Federal Operations, Carlton M. Hadden, Jr., issued at least two decisions finding no discrimination in cases where highly-qualified applicants were passed over for much younger applicants with far few objective qualifications.

Hadden ruled that a white male police detective, 48, with 20 years of high-level experience in law enforcement, failed to show he was more qualified for the position of lead police officer  at the Dallas veteran’s medical center than a female African-American in her 20s whose experience was limited to a stint in the Army military police. Hadden said the female candidate “arguably has more experience in the intangible areas sought by the (hiring panel), such as poise, compassion, leadership, and the ability to cope with stress …”

Hadden ignored the significance of procedural irregularities in the hiring process because, he said, the complainant didn’t prove the veteran’s center intended to discriminate when it failed to follow its own regulations and the union’s Collective Bargaining Agreement in the hiring process.

The second case is eerily similar. Again, Hadden and the EEOC ignore objective qualifications and serious procedural irregularities.

In the second case, Hadden ruled the Social Security Administration (SSA) did not  discriminate when it’s hiring officer failed to consider objective qualifications in filling five attorney vacancies at a new SSA office opening in Reno NV.  The  hiring officer initially chose five attorneys under the age of 40, including some recent law school graduates. The hiring officer acknowledged the complainant, a 60-year-old female, had superior objective qualifications compared to most, if not all, of the successful applicants.

Hadden again ignored the significance of serious procedural irregularities in the hiring process. He acknowledged that SSA attorneys illegally interfered in the investigation of the woman’s complaint but made no inferences from their actions. He wrote: “Participants in EEO investigations should be assured that they can give candid, truthful responses to investigators. Consequently, we urge the Agency to henceforth avoid actions that might create the appearance that it is influencing employees’ responses to EEO investigation.”

The EEOC said employers could ignore the objective qualifications of a white police officer, 48, and a female attorney, 60, but not a 42-year-old female weather caster.

In these rulings, the EEOC seems to place absolutely no importance on objective qualifications so it was ironic when, earlier this month, the EEOC filed a lawsuit against a group of CBS television stations in Dallas, TX, accusing it of engaging in age discrimination in hiring . The EEOC charged that CBS engaged in age discrimination when it failed to consider the superior qualifications of a 42-year-old female weather caster and instead hired a 24-year-old woman with far less experience.

Of course, a major difference between the CBS lawsuit and  the EEOC decisions is that the CBS case involves the private sector. Apparently, the EEOC is holding the private sector up to a higher standard than it applies to the federal government, which is the nation’s largest employer. The EEOC is effectively enabling discriminatory practices by federal agencies.

For years, the EEOC has neglected rampant age discrimination in hiring in the United States.  In 2016, the EEOC received more than 20,000 complaints of age discrimination but filed only TWO lawsuits with “age discrimination claims.”  Meanwhile, the U.S. Chamber of Commerce taunted the EEOC last year for operating a hiring program that has a clear disparate, discriminatory impact on older workers.

Where is the oversight?

U.S. Senate and Congressional committees have done nothing in more than a decade to insure the fair treatment of older workers who are victims of age discrimination.  Indeed, they have neglected since 2009 to pass the Protecting Older Workers Against Discrimination Act, which would make it slightly easier for age discrimination victims to sue in federal court.

Former President Barack Obama made the problem of age discrimination much worse when he issued an executive order in 2010 allowing federal agencies to hire recent graduates, the vast majority of whom are under the age of 40.   It is estimated that older workers have been prevented from applying for tens of thousands of federal jobs as a result of Obama’s order.

Meanwhile, the AARP,. which purports to advocate for older Americans, has had no appreciable impact on age discrimination in hiring, while it reaps billions from lucrative licensing deals that exploit its  37 million membership base.

This year marks the 50th anniversary of the Age Discrimination in Employment Act. Woo Hoo!

 

Advertisements

Science Funding Shifts Due to Potentialities and Ageism

Institutionalized and irrational age discrimination has crept into an unlikely sector of the U.S. government – federal funding for neuroscience research.

The National Institutes for Health (NIH) has adopted a “Next Generation Researchers Initiative” that will allocate $210 million  in funding per year for the next five years ($1.1 billion) for biomedical research for early-stage and mid-career “investigators” (a.k.a. scientists).

scienceNIH officials claim this is necessary because baby boomers refuse to retire and are crowding out younger scientists and that this threatens to deter new scientific advances in the years ahead.

It is true the scientific workforce is two or three years older today than in the past but there is no evidence that this will have any adverse impact on the pace or quality of future scientific discoveries. It also seems probable that many factors contribute to joblessness for younger scientists, including changes in funding patterns for scientific research, globalism, automation and the economy.

Using the NIH’s reasoning, taxpayers should create a special fund for newly-minted history PhD’s and law school grads, who also can’t find jobs.

Continue reading “Science Funding Shifts Due to Potentialities and Ageism”

Obama’s Misguided Plan to Boost Diversity Through Age Discrimination

A better plan would be to create an equal playing field, regardless of race, sex, religion, national origin, disability, and age. Isn’t that what Martin Luther King advocated?

In a difficult economy, generations often find themselves pitted against each other for scarce resources, including jobs. But there is a new twist to this theme today. In recent years, the U.S.government has justified age discrimination as a way of increasing  “diversity” in federal hiring.

President Barack Obama signed an executive order in 2010 that permits the Office of Personnel Management (OPM) to  bypass older workers and hire “recent graduates.” The regulations went into effect on July 10, 2012.

Obama said he wanted to remove “barriers” in hiring younger workers  caused by civil service regulations and “to achieve a workforce that represents all segments of society.” Obama  wants to “infuse” the federal government with the “enthusiasm, talents and  unique perspective” of young people.

More recently, Obama’s Labor Secretary, Thomas E. Perez,  publicly endorsed a private initiative by some of America’s leading corporations to blatantly violate the Age Discrimination in Employment Act by hiring 100,000 disadvantaged inner city residents between the ages of 16 and 24 for full-time and part-time jobs.

There are so many reasons why Obama’s  “winners and losers” plan to boost diversity is just plain  wrong.

 Obama’s strategy is counter intuitive. Discrimination cannot be contained in neat little categories. Age discrimination builds on race and sex discrimination. This is why women, especially minority women, are the most prone to poverty in their old age. Obama’s approach simply kicks the can down the road. Continue reading “Obama’s Misguided Plan to Boost Diversity Through Age Discrimination”

The Marginalization of Older Workers

I am  struck by the almost complete lack of attention paid in the United States to the problem of age discrimination in employment.

I just watched a lengthy video on YouTube featuring Jenny Yang, chairperson of the U.S. Equal Employment Opportunities Commission (EEOC), addressing the recent annual meeting of the European Network of Equality Bodies (Equinet), a group that promotes equality in the European Union. She discussed 50 years of the EEOC’s history and its future goals and aspirations. She made one fleeting reference to the Age Discrimination in Employment Act of 1964 (ADEA), noting the EEOC is responsible for enforcing the ADEA.

In 2014, a tonoworkplacediscriminationtal of 20,588 complaints of age discrimination were filed with the EEOC. That represents 23.2 percent of all of the complaints of employment discrimination filed with the EEOC in 2014. And, that level of complaints has been more or less consistent for years. Age discrimination may not deserve to be the EEOC’s top priority but it should at least be on the EEOC’s radar screen.

A right that is not enforced is an illusion.

Meanwhile, U.S. Department of Labor Secretary Thomas E. Perez has ignored age discrimination except to the extent that he endorsed it in the 100,000 Opportunities Initiative, a dubious effort by America’s major corporations to hire 100,000 workers age 16 to 24 for full and –part-time jobs in blatant violation of the ADEA.

And President Barack Obama not only forgot to bolster the ADEA but he fundamentally undermined the ADEA in 2010 when he signed an executive order that permits federal agencies to discriminate on the basis of age, thereby sending a signal to the private sector that age discrimination is A-Okay!

It is interesting to note that Equinet issued a report on ageism in 2012 in which it decried institutional practices that “include the use of age limits to govern access to services or participation in the workplace, other forms of discrimination that exclude older people from work or from key services, and inadequate policy responses to the situation of older people such that they find themselves marginalised and disadvantaged in society.” Continue reading “The Marginalization of Older Workers”

Labor Day: Not Much to Celebrate for Older Workers

United States Flag

There is little for older workers to celebrate this Labor Day 2015.

In recent months, the Obama administration has escalated its unprecedented assault on  the nation’s leading law prohibiting age discrimination in employment, the Age Discrimination in Employment Act of 1967, blatantly favoring unemployed younger workers over unemployed older workers..

Here’s the status quo:

  • The U.S. government is actively engaged in  age discrimination in the workplace. President Barack Obama in 2010 signed an executive order that permits federal agencies to discriminate against older workers. U.S. Labor Secretary Thomas E. Perez recently endorsed an effort by a coalition of America’s largest corporations to discriminate against older workers. No one seems to care.
  • Congress has failed for six years to pass the Protecting Older Workers Against Discrimination Act (POWADA). As a result, it is much more difficult for older workers to prevail in an age discrimination lawsuit than it is for workers who are victims of discrimination on the basis of race, sex (including sexual preference), religion and national origin.The POWADA would remove some of the ruinous damage that the U.S. Supreme Court inflicted on the Age Discrimination in Employment Act in 2009.
  • No group seems to be advocating for older workers in the halls of Congress. The AARP, which describes itself as the nation’s leading advocate for Americans aged 50 and above, has seen its profits skyrocket since Obamacare was passed. But older Americans have suffered from onerous co-pays and un-reimbursed medical expenses. At this point, almost half of Americans aged 65 and above are considered “economically vulnerable.”  The  AARP is the leading seller of medi-gap health insurance in the United States, and has increasingly expanded its offerings to include everything from new computers to telephones. But apparently the AARP is not making enough money to fight for the passage of  POWADA (see above).
  • Older workers are disproportionately represented in the ranks of the long-term unemployed (those workers who have been looking for work for 27 weeks or longer). Unemployed older workers are twice as likely to be chronically unemployed.  Many are forced to spend down their savings, work in low-wage part-time jobs and, ultimately, retire as soon as possible to obtain Social Security benefits. According to the Bureau of Labor Statistics: 22.1 percent of the unemployed under age 25 had looked for work for 27 weeks or longer in 2014, compared with 44.6 percent of those 55 years and older.  One reason for this sorry state is epidemic and unaddressed age discrimination in hiring.
  • The Social Security Administration’s formula for dispersing Social Security benefits favors the rich and penalizes the poor (i.e. long-term unemployed who are forced into a penurious retirement due to age discrimination). Of course, women and minorities who have experienced career-long discrimination in the workplace suffer the most under this ancient benefits formula.

I could go on but you get the idea.  In my book, Betrayed: The Legalization of Age Discrimination in the Workplace, I advocate scrapping the ADEA and adding age as a protected class under Title VII of the Civil Rights Act of 1964. The Library of Congress refuses to catalog my book, to make it available to policy-makers, because it is self-published. Sigh.  If you know a Congressional representative, spread the word.

If older workers and older Americans do not find real advocates in the coming year, it is very likely that nothing will change.