Tuesday, January 18, 2011

The Hidden Agenda - Age Discrimination without Being Visible

So, here's the skinny on age discrimination, from my point of view.  Federal Law, Age Discrimination in Employment Act of 1967 (ADEA) actually, prohibits employers from not hiring an individual based on their age IF they are over the age of 40.  That is Title 29, U.S. Code Chapter 14.  Here, look it up yourself, if you won't take my word for it.  http://finduslaw.com/age_discrimination_in_employment_act_of_1967_adea_29_u_s_code_chapter_14.  Of course, the real good sh..  oops, good stuff about age discrimination is found in subchapter II of chapter 5 of title 5, which establishes the "Equal Employment Opportunity Commission (EEOC), aka - Bullsh** University!  This panel of notables exist to make sure we old folks can not gripe when we don't get a job.  Kind of like an insurance company's claims processors, you know, those guys with the "REJECTED" rubber stamp?

In non-legalese, this ADEA "Act" prohibits an employer, seeking a new employee, from asking that potential new employee his/her age.  This prevents said employer from "discriminating" when they find out, that said "potential employee" is an "old-fart" - of course, this term only applies to men; ladies of course would have to be "old-something elses".
So, do employers follow this Act?  Of course, to the letter.  No longer will you see an employer ask a potential candidate for employment what date they were born on.  Not allowed of course by ADEA and certainly frowned heavily upon by the EEOC.
So, I am Mr. Employer, and I certainly do not want an old-fart working for my company.  I have 20 or more employees, so I am obligated to follow the rules and roles of the ADEA.  I go to my corporate legal beagles, and I say, "Hey guys! How do I figure out how old the applicants are without asking their age?"  And they say, "Well, boss, why not ask them, 1. when did they go to High School, and/or 2. when did they graduate from college?
Hot Damn!  I have my answer and I am not violating ANY ADEA rules, nor will this ever get to the EEOC.  No blood, no foul.
Right!
Bullshit!
They ask, I tell.  "So, Ron, when did you graduate from Delta State?"  "Well sir, I graduated from good ole' DSC in 1969."  Only takes a quick calculation to determine, I am somewhere between 62 (yeah, right - boy genius!), and Methusela. 
So, somewhere between, "You are absolutely so right for this position!" and "Gee, I am so sorry, but they picked the other candidate." I feel my rights being ripped to pieces. 
But, can I sue?  Can I complain to the ACLU?  Can I write my congressman? 
Nope! I have, as some candidate for political office once said, one option.  Just lean back and enjoy it.  IT'S INEVITABLE!
Next post - Baby Boomers v. Babies - where would you put YOUR money?

Thursday, January 13, 2011

It is very difficult to prove your worth, when you are over 60

I am frustrated.  Terribly, terribly frustrated.  I am past my prime, apparently, because I can't seem to get a company to hire me, once they find out I graduated from college in 1969.  They, the ubiquitous "they", do the math, realize that I am over 60, and suddenly, all interest in hiring me stops.  I don't hear from that company again.

What is it with corporate America that they can not realize they are letting amazing talent go to waste.  Do they think I want to come back into the work force just so I can retire in 2 or 3 years?  Do they think I will come back into the work force and have a heart attack at my desk next week?  Do they think I will come back into the work force and need to be reeducated in technology?  If so, and if that is what they think of us "baby-boomers," well, that is pathetic.

I am not looking to come back into the work force and planning a quick withdrawal again in retirement.  Even coming back into the work force might impact any opportunity to retire soon and certainly might limit my opportunity to eventually get Social Security.  Nor do I intend to come back into the work force and drop dead.  And amazingly, I am pretty tech savvy. I have a smart phone and can use it - quite adequately.  I have a laptop (two actually), a desktop, and my office is set-up, by me personally, to be totally wireless.  I understand Storage Area Network technology; I have helped plan and coordinate data center moves that involved multiple servers, virtual networks, and mainframes; I can write program code in several languages including C, C++, C#, VB, and others, and I can read and interpret Cobol.

More, I am a Project Manager with 17 years of experience in such wonderfully diverse fields as nuclear power plant outages, environmental remediation, and information technology.  I hold numerous certifications that I have worked hard to earn and keep.

But let a prospective employer find out that I am 64, and the words of the Beatles song come flooding back, "Will you still feed me, will you still need me, when I'm 64?"  Obviously, the answer to this is yes.

NEXT BLOG:  The Hidden World of Age Discrimination