Should Millennials Be Concerned About Age Bias – Ask #HR Bartender

The regular conversations about generations in the workplace raise an issue for candidates, employees, and employers – age bias. It might also be a first reaction to think age bias only happens to older people. But that’s not necessarily true. Today’s reader note explains:

I’m starting to look for a new job. I am 29 years old and graduated with my business degree 3 years ago. I’m concerned that my age will affect my chances of getting an entry level management job. I’ve had supervisory positions in the past. Is having experience an advantage? Versus competing for a job with people who are fresh out of college? Maybe the age thing is just something in my head? Any advice you can give would be greatly appreciated.

Even though this note is about age, there are several different facets involved. So I asked Jon Hyman, partner in the firm Meyers, Roman, Friedberg & Lewis based in Cleveland, Ohio if he would share his knowledge. Jon is also the author of the Ohio Employer’s Law Blog, which is in the American Bar Association’s Blawg Hall of Fame and which the ABA has recognized for the past six years as one of the top 100 legal blogs. You might recall that Jon has helped us out in the past with a post on unfair labor practices.

As always, please remember that Jon’s comments should not be construed as legal advice or as pertaining to specific situations, such as the one described above. Nothing he says here will create an attorney-client relationship. Jon is doing this for free; he gets paid to be a lawyer. Now that we’ve gotten all that out of the way…

Jon, let’s make sure everyone reading this post is on the same page. In the U.S., we have a law protecting people from age discrimination. Can you briefly describe the Age Discrimination in Employment Act (ADEA)?

[Hyman] The ADEA protects employees age 40 or older from discrimination in employment. Discrimination is defined as better treatment by an employer of someone who is ‘substantially younger.’ Courts are all over the map on what it means to be ‘substantially younger,’ and some have used age gaps as low as five years, some go as high as 10 as the minimum. What’s important to know, however, is that the substantially-younger rule does not require the better-treated employee to be younger than 40. As odd as it may seem, it is still age discrimination if you treat a 65-year-old employee better than a 75-year-old employee because of their age. The ADEA also prohibits age-based harassment on the job.

Technically speaking, a person in their 20’s isn’t protected by the law. But does that mean they shouldn’t be concerned about age-based employment decisions?

[Hyman] That’s a very interesting question. Yes, the ADEA does not protect anyone age 39 or younger. But it does not mean that Millennials shouldn’t be concerned about age. Age can be synonymous with experience. If a position requires a certain level of experience, a younger worker very well may be a competitive hiring disadvantage. That disadvantage, however, is not discriminatory.

Career advisors often tell job seekers to remove information on resumes that might give an indicator of how old someone is – for example, don’t put the year you graduated from college. What are your thoughts on this practice? If in favor, what would you definitely leave off a resume?

[Hyman] Age-based information should not appear on a resume, job application, or other information an applicant submits to a prospective employer for consideration. This not only includes date of birth, but other dates from which one could infer age, such as graduation dates or dates of licensure. You should let an employer know the degrees and licenses you hold, but when you obtained them is not relevant (at least not until you receive a conditional job offer and the employer is attempting to confirm the veracity of your degrees and licenses in a background check).

We’ve talked about a couple of things candidates need to keep in mind. What about companies – how can companies make sure that age isn’t implicitly being considered in employment decisions?

[Hyman] Training, training, training. It’s all about the training. Recruiters, interviewers, hiring manager, and others involved in the hiring process must understand how to avoid age-based bias. It’s easy to understand, ‘Don’t ask someone how old they are?’ It’s harder to understand some of the subtler and nuanced questions that could reveal one’s age, such as ‘How many years until you plan to retire,’ and ‘How many years seniority did you have at your prior company?’

[Tweet “Everyone involved in the hiring process must understand how to avoid age bias – @JonHyman”]

It’s also important to avoid stereotypes in job listings and advertisements (‘young grad’), and stereotypes about the relative abilities of older workers (they have ‘peaked’ or ‘run out of gas’) versus younger workers (they have higher energy levels or are open to learning new technologies).

Speaking of technology, an interesting issue is technological savviness. One issue that has arisen lately is employer hiring for ‘digital natives,’ which may be a code-word for ‘younger.’

If an employee is concerned that their age has become a factor in employment decisions – like promotions, transfers, or training – is there something they can do?

[Hyman] I am of the opinion that an employee should try to work these issues with an employer before hiring an attorney and crying foul. If a company has an open-door policy, use it. If it has a grievance process, use it. It certainly has a harassment and discrimination policy, which should explain to an employee how to air a complaint and to whom the employee should complain. It should also promise that the company will not, under any circumstances, retaliate. An employee should use these policies to his or her advantage.

In my experience, employers do not set out to discriminate, and they would much rather handle these issues internally than in court. On the other hand, if discrimination is invasive, if the employee has exhausted all internal avenues, or if the employee has been fired (either because of age or because the employee complained about perceived discrimination) then the employee can talk to an attorney or file an age-discrimination charge with the Equal Employment Opportunity Commission (EEOC) or a similar state civil rights agency.

Again, many thanks to Jon for sharing his knowledge with us. Be sure to check out his blog and follow him on Twitter at @JonHyman.

Have I mentioned to you lately how much I love answering reader questions? Whether I answer them myself or I ask my friends (like Jon) to help out, it’s an honor. And hopefully, you’re finding it helpful. If you have a question, send me a note via HR Bartender’s contact form.

Image taken by Sharlyn Lauby at the Gainesville 34th Street Graffiti Wall

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