Facebook founder Mark Zuckerberg once boldly proclaimed, “Young people are just smarter.” In an age dominated by tech startups that celebrate these “digital natives” and their “forward-thinking” ideas, the 50th anniversary of the Age Discrimination in Employment Act couldn’t come at a more ageist time.
The ADEA is a federal law that protects American workers over the age of 40 from being fired; laid off; or denied employment, benefits, or pay because of their age.
As we mark 50 years of this labor rights achievement, we’re reminded how far we still have to go in eliminating age discrimination.
Negative stereotypes that portray older workers as unwilling to change and incapable of learning new skills still persist, perhaps more so as technology advances at a lightning speed. And the ADEA itself is still being debated and shaped by courts who disagree on what exactly the act covers.
These factors, combined with an aging workforce, may make the next 50 years the most important in the ADEA’s existence.
A Look Back: Age Discrimination in 1967
In the 1960’s, if you were unemployed and over 45 your chances of finding a job were slim. Many job advertisements specifically told the 45-plus crowd to not even apply.
These age caps, the U.S. Department of Labor reported, disqualified half of all job applicants and contributed to the nation’s high unemployment rate — one that disproportionately affected older workers. A 1965 DOL study\ found that 27 percent of the unemployed and 40 percent of the long-term unemployed were ages 45 and over.
Though many states enacted workplace age discrimination laws in the 1950’s and 60’s (following Colorado’s trailblazing law from 1903), the country still desperately needed a federal law that protected every American worker from being denied employment or benefits simply because of their age.
In 1967, Congress took action and created the ADEA. President Lyndon B. Johnson signed it into law on Dec. 15 of that year.
Fifty years on, the U.S. Equal Employment Opportunity Commission still enforces the ADEA by imposing penalties and fines against employers who violate it. In 2015 alone, the EEOC resolved 20,144 age discrimination claims] for an estimated $99 million in benefits.
U.S. District Judge Jon S. Tigar disagreed with this interpretation when he ruled in Rabin v. PricewaterhouseCoopers earlier this year that PwC must face the age discrimination claims brought by applicant Steve Rabin. Rabin alleges that PwC violated the ADEA because applicants who are not affiliated with a university cannot apply to PwC’s entry-level positions.
Judge Tigar justified his ruling by explaining that U.S. Supreme Court precedent and the EEOC, the agency that enforces the law, interpret the ADEA as protecting applicants.
In the next 50 years, the ADEA will continue to evolve as courts clarify exactly who the act covers and how claims are brought.
Don’t Accept Age Discrimination
The 50th anniversary of the ADEA offers a reminder that federal law protects us from wrongful termination or denied employment simply because of age.
“Deep down, people want to work — to feel appreciated and provide something of value to society,” Thomas said. “Older workers are protected by many federal, state, and local laws. None of these laws are perfect, but a skilled lawyer will understand how they intersect in a changing economy.”