THE S-AGE
SPEAKS OUT…
HOT TOPICS FOR THE MATURING WORKFORCE
Q. Are age discrimination claims/decisions on the rise?
A. Yes, they are on the rise but, just as importantly, the outcomes of claims for age discrimination are slowly shifting from favoring employers to favoring individuals. Recent court decisions should cause you to stop, listen and prepare for more claims to come.
A few weeks ago, the Supreme Court (7-1) made it harder and costlier for employers to defend themselves in lawsuits claiming age bias in the workplace. The court ruled against Lockheed Martin, owners of the Knolls Atomic Power Laboratory in upstate New York. Here's the story: 31 workers were laid off in 1996. 30 of these workers were at least 40 years old. 28 sued under the federal law claiming discrimination based on age. The Supreme Court reversed a ruling by a federal appeals court in New York that had sided with the lab and awarded the individuals an undisclosed amount. This ruling will make it easier for employees to prevail in age discrimination cases. For the rest of the story, look up Meacham et al v. Knolls Atomic Power Laboratory. This case matters to you because it may result in:
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Firms looking for incentives to keep experienced workers on the job, rather than crafting ways to fire them
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AND
- An increase in age-discrimination education that reduces the likelihood of penalties by helping staff to recognize their role in preventing age discrimination in the workplace.
Put this lawsuit in the context of the sheer numbers in our aging population. According to the Bureau of Labor Statistics, more than 53% of the U.S. labor force will be 40 years old or older by 2010.
Q. What interesting reports or surveys have you read recently that you recommend?
A. Ernst & Young LLP for Americans for Secure Retirement "Retirement Vulnerability of New Retirees: The Likelihood of Outliving Their Assets" (July 2008)
McKinsey & Company "Talkin' 'bout my generation: The economic impact of aging U.S.
Baby Boomers" (June 2008)
Q. I understand that Brad and Carleen have been appointed Workforce Policy Advisors to AARP Arizona and AARP California. Are they employees of AARP, what exactly are they doing for that organization, why should affiliation with AARP matter to businesses such as ours, AND isn't AARP caught up in partisan politics?
A. Yes, both have been appointed to these volunteer roles as independent contributors. They advise their respective AARP state organizations in their areas of subject-matter expertise and they enlighten employers about the many advantages of affiliation with AARP. For instance, in the next few months they will be demonstrating AARP's comprehensive workforce assessment tool that helps employers plan for workforce change.
AARP offers your organization the benefits of their research, the results of their new initiatives on behalf of the American workplace/workforce as well as a shorter reach to economic and societal data that is important to your strategic workforce planning. Check out its National Employer's Team and its "elite" team of Best Employers. These teams are made up of the leading edge employers in America that have come to recognize the value of a workforce that includes qualified, skilled people of all ages. Reach out to these teams and ask their representatives why they find affiliation with AARP to be advantageous.
At this particular moment in time with an election right around the corner, it is important for you to know that AARP does not endorse candidates for public office nor does it make contributions to either political campaigns or candidates.
Q. Industries face labor and skills shortages and individuals are burdened with insufficient financial resources and many still need medical benefits. We know this. But, what can we do beyond phased retirement, transfer of knowledge and mentoring programs to encourage mature workers to continue to contribute?
A. Missing from many organizations' strategies are learning opportunities to help mature workers maximize productivity and health as well as to prepare for the inevitable day when they, like everyone, will have to be ready to move on and into the next phase of life.
I like the growing research on brain fitness and cognitive training because aging really means development − not decline! Some skills improve with age, at least, in healthy people. Then again optimizing brain health, just as physical health, is important to us all. Take a look at Sharp Brains (www.sharpbrains.com) and the work of Alvaro Fernandez, CEO and Co-Founder of that organization. Alvaro also teaches The Science of Brain Health at UC-Berkeley Lifelong Learning Institute. We recommend implementing a pre-retirement planning experience long enough in advance of retirement to allow for adjustment and comprehensive planning. Ageless in America offers a half-day workshop on the subject and the major outplacement firms offer individual coaching assistance.
Q. I am an HR professional in Raleigh, North Carolina. Any chances that Carleen or Brad will be speaking to employers in our city soon?
A. Timely question. Carleen will be speaking at T-SHRM (Research Triangle Park) on the 24th of July. See our events calendar for more information. Keep up with the website and you will see nationwide presentations pop up every month or two.
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