A growing number of older workers apparently share the perception of ongoing age bias, according to statistics from the U.S. Equal Employment Opportunity Commission. In 2011, the commission received 23,465 “receipts” or formal filings alleging age discrimination – 35 percent more than in 2001. In Utah, age-discrimination receipts totaled 181 in 2011, a 10 percent increase over the past decade.
According to the U.S. Bureau of Labor Statistics, the number of workers age 55-64 is projected to rise 40 percent from 2006-2016, nearly double that for those over 65. By 2016, workers age 65 and over are expected to account for 6.1 percent of the total workforce, compared with 3.6 percent a decade earlier.
Age discrimination is one aspect of employment discrimination that is prohibited under the federal Age Discrimination in Employment Act that was initially enacted in 1967. According to the Utah Anti-Discrimination and Labor Division (UALD), discrimination occurs when someone is treated differently – or when an employer takes action against an employee – because of that individual’s race, color, sex, pregnancy, disability national origin, age (over 40) or religion.
Monica Austen, a case manager for the Division, gave some insight into how the UALD judged discrimination claims. “Unless there are statements that directly indicate a decision was made because of a discriminatory reason, the Division generally will look at how other employees are treated and if this particular employee was singled out and treated differently," she said. "Remember, the party alleging discrimination has to provide specific information and/or examples of how he or she thinks their treatment has been different than that of other employees in a similar situation." Deseret News
