On June 11, 2024, a class action lawsuit was filed by the AARP Foundation and two law firms in U.S. District Court in Massachusetts. The complaint accuses RTX Corporation, formerly known as Raytheon Technologies, of discriminating against older workers, specifically through “Recent Graduate” employment ads.

The complaint reads, in part:

“The language and content of these job advertisements discourages and deters many older workers from even applying for the Recent Graduate Positions and prevents older workers who do apply from advancing in the hiring process because too much time has passed since they graduated … and/or entered the workforce.”

The suit claims the ads indicate a preference for younger workers in violation of the federal Age Discrimination in Employment Act (ADEA).

While the only named claimant is Mark H. Goldstein, it is being brought on behalf of “all others similarly situated.”

Goldstein, a 67-year-old engineer, has some forty years of professional experience, including as a contractor for the U.S. Department of Homeland Security. He has held a federal government security clearance and has certifications in information security and privacy.

Goldstein applied for at least seven positions at Raytheon between 2019 and 2023. The suit alleges that he met all qualifications for the “Recent Graduate” positions except for those which referenced recent degrees and short duration of experience. He was not granted interviews for any of the positions.

The complaint said:

“Despite the fact that Mr. Goldstein has been genuinely interested in a position with Raytheon, committed to relocating, if necessary, and has skills that Raytheon needs to address a years’ long labor shortage, Raytheon has not hired Mr. Goldstein for any of the positions to which he applied, has never offered him an interview, and has failed to seriously consider Mr. Goldstein’s applications based on his age.”

The EEOC is on board

The Equal Employment Opportunity Commission (EEOC) in 2021 already found that Goldstein’s complaint has merit. A letter from the EEOC stated at that time that its “investigation revealed that [Mr. Goldstein] was denied the opportunity to be considered for the [Recent Graduate Positions] he had applied for because of his age, and not because he did not meet the minimum qualifications required for the jobs.”

After Raytheon slightly modified the ads in question, Goldstein filed another claim in 2023 with the EEOC, which it is still investigating.

Just another example of age discrimination

Targeting job ads to younger workers with less experience is just one way companies discriminate. Another is firing older workers under the guise of layoffs or “restructuring.” For example, a 2018 investigative report by Pro Publica in association with Mother Jones found that IBM “targeted people for layoffs and firings with techniques that tilted against older workers” and “told some older employees being laid off that their skills were out of date, but then brought them back as contract workers, often for the same work at lower pay and fewer benefits.”

In September 2023, two plaintiffs ages 62 and 66, both top-performing HR professionals with decades of experience, brought a suit against IBM alleging they were unlawfully terminated because of their age. The suit claims job cuts included “IBM’s best and brightest” HR workers, who “were also some of the Company’s oldest and most senior HR partners.”

Why the class action lawsuit is important

For years, companies have used job requirements to classify older workers as “over-qualified” for positions — effectively a form of age discrimination. Even when older workers are willing to take a cut in salary requirements to accommodate hiring companies, they are excluded from consideration as a matter of course.

It is common practice to discriminate using a number of devious methods that are unethical and immoral even if not blatantly unlawful. Despite the existence of the ADEA, proving age discrimination in the courts has not been easy.

The most recent class action lawsuit brought against RTX Corporation is significant because it directly challenges the use of employment advertising that openly discriminates against older workers.

Going forward, such a suit if successful could have vast implications, because projections indicate that one in four U.S. workers will be 55 or older by 2032, and almost 10 percent of them will be 65 or older.

This article originally appeared in "Crow's Feet," a Medium publication. You can find the original article here: https://medium.com/crows-feet/older-workers-have-had-enough-79be170b4101?sk=67e813cd316071fdc84985924b6919a0

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Ken Dychtwald and his team at Age Wave are renowned for proactively lobbying for older Americans and against ageism. In a recent article for Harvard Business Review, Dychtwald and two researchers from Age Wave, Robert Morison and Katy Terveer, discuss "Redesigning Retirement" and why they believe "It's time for a new deal between employers and older workers."

The authors first cite some remarkable statistics:

"Altogether, more than 10 million Americans who are 65 or older are currently employed, and that number is projected to rise to nearly 15 million by 2032. Today 27% of Americans ages 65 to 74 work or are actively looking for jobs, up from 20% in 2002. And people who are 65 or older now represent the fastest-growing segment of the labor force—by far. It’s projected that by 2032 one in four U.S. workers will be 55 or older, and close to one out of every 10 will be 65 or older."

They urge employers and Americans in general to understand this changing dynamic:

"We need to overcome lingering ageist stereotypes and start thinking of older and retired workers as a large, versatile, and valuable labor pool—one that’s significantly underutilized. Nearly 60% of people who are in or nearing retirement say they would be open to working during their retirement. That includes some 20 million retirees under the age of 75. If employers can get better at hiring, retaining, and engaging older workers—redesigning the employment deal—they’ll discover countless options for mutually productive matches."

The remainder of the article, which is largely targeted to employers, discusses several common myths about older workers and strategies for employers to retain older workers or seek them out. They share five specific steps:

"If you are experiencing labor and talent shortfalls and have found that many of your valuable employees are exiting into retirement, it’s time to act. We recommend that you take five steps: Preserve experience, replenish experience, share experience, offer flexibility, and leverage age diversity."

The above steps are discussed in detail in the article. The authors conclude:

"Today more and more older people want or need to work longer—and more organizations than ever need their help. In this “new age of aging,” the strategies and initiatives we’ve described present a clear win-win: When older adults stay active and engaged, it’s good for them and their families, for employers and the economy, and for society at large."

It is encouraging that such organizations as Age Wave are making a strong case for retaining and hiring Boomers. I encourage you to follow Dychtwald and Age Wave as they help employers and older employees navigate a dynamic and changing workplace. 

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This report about a survey conducted a few months ago caught my eye and I thought it was worth sharing:

More than three in 10 U.S. retirees [31 percent] say they would be motivated to rejoin the workforce if inflation continued to eat into their savings, according to the latest American Staffing Association Workforce Monitor^® online survey conducted by The Harris Poll.

In addition to inflation, the role of Social Security insurance was also top of mind for many retirees, with 25% saying they’d be motivated to rejoin the workforce if Social Security no longer covered their expenses. Thirty-nine percent of retirees cited Social Security as their main source of income, while 33% cited retirement plans such as 401(k) accounts and pensions.

Overall, 14% of current retirees stated they are open to or actively looking for work. However, the study found that 43% of retirees said their age could be a barrier to getting a new job. In addition, 41% of retirees would look for a job if they could have a flexible work schedule, and 35% would do so if they could work remote full-time.

“At a time when more retirees need additional income and employers need their expertise and experience, older workers continue to face hiring barriers,” said Richard Wahlquist, president and chief executive officer at the American Staffing Association. “Employers that take steps to embrace flexibility and diversity across their entire workforces will be more productive and have higher levels of employee engagement.”

The news comes at a time when there are nearly two job openings per unemployed person in the U.S., according to the latest data from the U.S. Bureau of Labor Statistics.

With financial markets currently unsettled, it is likely retirement savings accounts are being battered right now. On the other hand, the Social Security Administration indicated that monthly payments would increase around 8.7 percent -- sure to be appreciated by those Boomers drawing benefits.

Persistent inflation has changed the way some retirees are thinking about work. As the survey report indicates, almost one third of all retirees may well consider returning to the workforce, but almost half of them believe age is a barrier to getting a job. A flexible work schedule is especially attractive to retirees.

Wouldn't it be nice if the desires of older workers actually meshed with the needs of employers -- and if employers recognized the value of hiring older workers.

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In my previous post, I wrote about the fact that a growing percentage of Boomers seemed to be retiring from the workforce while, at the same time, there was a significant increase in Boomers working for themselves. I drew the conclusion that many Boomers may be looking at work differently, redefining what we think of as work. Some of them may be opting out of a traditional full-time job working for someone else in favor of full- or part-time self-employment.

Lurking behind this conclusion, however, is a stark reality that many Boomers may be pursuing non-traditional work because they have no choice. The fact is there is a problem of perception in the workplace, both in the United States and elsewhere. It centers around another topic I've addressed frequently: Ageism.

In "Older Workers to the Rescue? Why Boomers May be the Answer to the Big Quit," an article recently published by Newsweek, Bradley Schurman confirms my belief about Boomer gig work by citing statistics from the Pew Research Center: "...20 percent of gig workers in the U.S.—from freelance consultants to Uber drivers—are over the age of 50, and nearly a third of those are over the age of 65."

Schurman notes that in the post-World War II American workplace of 1950, "nearly one out of two men over the age of 65 were in the formal labor market." He asks whether employers will take advantage of the huge over-65 labor pool available to them today, but he writes, "Nothing will change, though, unless employers abandon hiring and firing practices that favor the young." He goes on to say, "Hiring managers, in particular, must remove coded language like 'recent college graduate,' as well as the requisite number of years of experience from job postings. They also need to get out of the rut of assuming that an older worker is 'overqualified,' technologically illiterate or only going to stick around for a few years."

On the positive side, Schurman suggests that a major demographic shift could affect how employers view older workers: "The labor force participation rate for people over the age of 75 is expected to grow by nearly 100 percent by 2030, according to the BLS [Bureau of Labor Statistics]. In contrast, the total workforce will only expand by about 5 percent, and the 16-24 age group will likely decline, thanks to decades of contracting birth rates."

Perhaps this shift will, as Schurman surmises, finally force employers to recognize the value of hiring Boomer employees instead of viewing them as obsolete workers. With millions of jobs to fill, it's only a matter of time before employers realize millions of qualified Boomers are ready, able and willing to work. Until then, however, there will continue to be a big disconnect between the age-discrimination hiring practices of most employers and the availability of capable, experienced job-seeking Boomers.

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Discover How World War II Helped Launch "Boomer Brands"

There are two COVID-inspired phrases that have been kicking around of late: "The Great Resignation" and "The Great Retirement." The two phrases are inter-related but very different.

"The Great Resignation" generally refers to workers who have exited the workforce, almost entirely by choice, during the pandemic. The reasons for resigning from a job are varied: Some workers are simply fed up with low wages, others (mostly women) cite issues with child care, others don't like menial work, and still others may not want to return to a physical workplace after working remotely from home. Whatever the reasons, the outcome is the same: American workers have left traditional work in droves, accounting for millions of open jobs and "Help Wanted" signs everywhere.

"The Great Retirement" overlaps with "The Great Resignation" in the sense that a considerable percentage of older workers may have decided that the pandemic was the right time to resign from their jobs. Rather than continue to work in traditional jobs, these older workers chose a number of different paths, such as part-time work, freelance work or "gig" assignments, volunteer work or some combination thereof. Some older workers may have decided to stop working altogether and retire.

About a year ago (August 2020), the Schwartz Center for Economic Analysis at the New School looked at some numbers and they turned out to be pretty astonishing:

• From March through June 2020, 2.9 million workers ages 55-70 left the labor force, 50 percent more than the 1.9 million older workers who left the labor force three months after the Great Recession began in 2007.
• Of the 2.9 million older workers who left the labor force, the majority (2.4 million) lost their jobs between March and June. The other 500,000 were already unemployed in March.
• Between March and June 2020, 38 percent of unemployed older Americans gave up looking for work and left the labor force.

According to the Schwartz Center, "Several indicators show 2.9 million older workers who exited the labor force are unlikely to return. ...Under normal economic conditions, older workers who leave the labor force due to layoff are unlikely to re-enter the job market and face having to retire earlier than planned. ...Additionally, older workers who lose their job take nearly twice as long to find a new job compared to young workers. Even if jobless older workers find a new job, they can expect their new wages to be 23-41% less than their previous earnings."

One year later, in August 2021, an article by Tammy La Gorce in The New York Times confirmed that things haven't changed much for these older workers. La Gorce writes that "retiring during the pandemic has inflicted two traumas...most felt they were forced out of work before they wanted to go" and the majority "were financially unprepared." Teresa Ghilarducci, a professor of economics and policy analysis at the New School for Social Research, told La Gorce, “A lot of people were pushed out of their jobs... It used to be that employers would let the ones they just hired go first in a recession, but this time older people who have been in their jobs the longest have been hit hardest.”

So "The Great Retirement" may turn out to be not-so-great for millions of older workers who didn't intend to retire at all. Instead, many have been involuntarily retired from a job they intended -- and needed -- to keep. The obvious reason may have been the pandemic, but the less obvious reason was that some employers used the pandemic as cover to pare down their employee ranks. The most vulnerable workers, the older ones, were the first to be let go. Numbers don't lie.

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New Book Shows How World War II Helped Launch "Boomer Brands"

Excuse me for being repetitive, but I'm writing about age discrimination in the workplace...again.

I recently wrote about the economic impact of age discrimination. Now I want to talk about the human cost. A research study jointly conducted by New York University and Stanford University revealed that younger workers are persistently prejudiced against older workers -- and the younger the workers are, the more ageist views they hold. In fact, the study found that workers who openly oppose racism and sexism in the workplace are still prejudiced against older workers.

Richard Eisenberg of NextAvenue asked Michael North, one of the researchers, some penetrating questions about the study. North expressed this disturbing takeaway from interviewing younger workers: "There's this sort of subtle tension where older adults are expected to step aside and get out of the way and stop creating this perceived logjam in the distribution of resources or jobs or positions of influence, so the younger generation can get their turn."

North said he believed that "ageism is socially condoned to a point where it's not uncommon for folks to overlook it as a prejudice." In a 2014 article he co-authored for Harvard Business Review, North wrote about four specific ways companies could adapt to an aging workforce:

1. Flexible, half-retirement.
2. Prioritizing older-worker skills in hiring and promotions.
3. Creating new positions or adapting old ones.
4. Changing workplace ergonomics.

According to the article, "Companies that make these changes have seen tangible improvements in retention and productivity, organizational culture, and the bottom line."

Despite these accommodations for a workforce that is aging, age discrimination in the workplace is widespread. A recent research study by Generation, a global employment nonprofit, cites some sobering statistics. As reported by Kerry Hannon for NextAvenue, "Employers view just 18% of age 45+ job seekers as having the right experience for their entry and intermediate level roles, according to the report. Only 15% are viewed as being a good 'cultural fit' with their team." Sadly, this contradicts reality, since when 45+ workers are actually hired, "87% of those employees perform as well, or better, than colleagues a decade younger."

This kind of workplace ageism takes a human toll: "Of those surveyed who were unemployed, 63% of 45+ job seekers have been out of work for more than a year vs. only 36% of job seekers 18 to 34."

Hannon spoke with Generation CEO Mona Mourshed, who was one of the report's researchers. Mourshed indicated that ageism was not just limited to any one country or any particular industry. "One of the most striking findings of this result is it's uniformly consistent across dramatically different countries," said Mourshed. "We surveyed seven countries —  large, small, emerging markets, culturally diverse — but this phenomenon is a hundred percent universal. Same pattern, same magnitude, from industrial to service professions, from skilled trades to tech jobs."

Mourshed's observations are worth noting. "It's so important that age is considered part of diversity, equity, and inclusion," said Mourshed. "We must have an intergenerational workforce and we should have processes for recruiting and for retention that enable that."

The research findings can be discouraging, but if you are a Boomer who wants to continue to work, you'll need to find ways to prove your value to prospective employers. Mourshed believes "many more aged forty-five-plus have the potential to do the job if only they can get in through the door."

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Analysts, commentators and bloggers (including myself) have long been writing about the discriminatory actions of American businesses against workers as young as 50-plus. Companies have found numerous ways, such as reorganizations, downsizing, layoffs and the like, to evade federal laws against age discrimination. As a result, Boomer workers are often the first to be let go, even if they've had an excellent work record and have shown loyalty to their employer.

A startling report from AARP, based on research and analysis conducted by The Economist Intelligence Unit, points to the economic impact of age discrimination in the workplace. First, here are some basic facts from the report about the 50-plus workforce:

• 117.4 million people in the U.S. are age 50-plus
• Because of the COVID 19 pandemic and other economic factors, many now plan to work well past the age of 65; in fact, over 40 percent of workers age 65-plus intend to continue working into their 70s
• In 2018, the 50-plus population supported 88.6 million jobs and $5.7 trillion in wages and salaries; this demographic segment, just 35 percent of the total population, contributed 40 percent of U.S. Gross Domestic Product (GDP).

Get ready for the real shocker. According to this study:

"The economy missed out on an additional $850 billion to U.S. GDP in 2018 -- a figure the size of Pennsylvania's economy -- because of age discrimination. This gap could rise to $3.9 trillion in 2050."

 The report goes on to state:

"Reducing involuntary retirement, underemployment, and unemployment duration among the 50-plus population could have driven an average increase of 4.1% in GDP in 2018. In 2050, an uplift of 6.3% could be generated."

AARP's "The Longevity Economy" (registered trademark) outlook "measures the 50-plus population's overall contribution to GDP, employment, wages and salaries, and taxes through 2050, and analyzes its unique effect within different industries. The economic contribution of people age 50-plus was worth $8.3 trillion in 2018, and it is forecast to more than triple to $26.8 trillion by 2050."

Digging into the report's data reveals some sobering observations:

• People age 50 to 64 experience longer unemployment than other groups
• Women age 50-plus spend an average of 31.4 weeks unemployed -- longer than men
• Lower income workers are more likely to feel trapped in their present role as a result of age discrimination
• Minorities feel less able to re-enter the workforce because of age discrimination
• Involuntary retirement costs the economy the most.

Many of us may view age discrimination as patently unfair, treating it as a moral or ethical issue. That is certainly one way to look at it. But AARP has elevated the discussion of age discrimination to a new level, demonstrating its impact on the American economy as a whole. It's time for all Americans -- in particular business executives and political leaders -- to wake up to the real cost of age discrimination.

You can obtain the full AARP report (PDF) at the link below:

Download AARP-age-discrimination-economic-impact

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There's a slowly growing phenomenon in the American workplace that represents some optimism for Boomers who want to keep working. While the pandemic has turned the workplace upside down for Boomers as well as other workers, some employers not only see the wisdom in retaining Boomer employees, they actually recruit them.

It is heartening to see journalists and job search sites reinforce this notion. In a recent article on Entrepreneur.com, for example, journalist John Boitnott (who appears to be younger than a Boomer) cites "5 Advantages Older Workers Have Over Other Job Candidates." Among the advantages Boitnott lists: "There's wisdom in experience," "They help create long-term organizational knowledge at your company," and "They're more technology-savvy than you think." Similarly, for recruitment service Recruiterbox, outreach manager Erin Engstrom positions hiring Boomers as increasing diversity. She writes, "When you hear 'hiring for diversity,' you likely think about efforts to hire more female employees, or members of underrepresented minority groups. Another important way to diversify your team, though, is through age." Engstrom offers "6 Reasons Baby Boomers are Great for Business" and discusses each in detail: Experience, Leadership, A Different Perspective, Credibility, Interpersonal Skills and Adaptability.

Granted, it remains a reality that Boomer workers are often discriminated against because of age, and that some employers are only too happy to dump a higher salaried Boomer during a downsizing. Still, enlightened employers recognize the value of the Boomer worker. Such efforts are boosted by initiatives like the "AARP Employer Pledge Program," which encourages employers to "stand with AARP in affirming the value of experienced workers." A list of over 1,000 Boomer-friendly companies who have signed the pledge can be found at https://www.aarp.org/work/job-search/employer-pledge-companies/ Increasingly, there are also other lists of companies that welcome Boomer workers, such as FORTUNE magazine's "20 Best Workplaces for Baby Boomers." We haven't yet reached the point at which every employer values and respects Boomer workers but we're slowly making progress.

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It will come as no surprise that the number of Boomers who retired in 2020 increased dramatically. In the third quarter of 2020, 3.2 million more Boomers retired than in the third quarter of 2019, according to a recent report from the Pew Research Center. In Q3 2020, 28.6 million Boomers said they were now retired.

Behind the sobering statistic is, of course, pandemic-related job losses. Just as important, however, is the continuing ageism that exists in the American workplace. In some ways, the pandemic has provided convenient cover for companies to practice age discrimination. It is completely acceptable and even desirable for companies to eliminate Boomers first when reducing their workforces. It's almost always a financial decision, but as I've written about many times in the past, this is largely a short-sighted strategy. Boomers are typically the most experienced and often the most loyal workers. If they have been at a company for several years, Boomers also represent an invaluable knowledge base. By eliminating Boomers, companies are discarding a brain trust that is not easily replicated. Replacing such talent and depth with less experienced, less expensive workers is downright senseless.

Still, it happens with alarming frequency. The problem is compounded by corporate hiring practices which, again, are discriminatory on the basis of age.

So what's a Boomer who wants to work in 2021 supposed to do? Many Boomers will be forced into full-time positions of lesser responsibility that pay far below what their earning history should command. Others will have to restart their career in another field, facing entry level work. Some Boomers will find part-time work more attractive, even if it's menial. A growing percentage of Boomers will go into contract work or start their own businesses. Sadly, some Boomers will simply give up and involuntarily retire from the workforce.

Thankfully, there are organizations and resources filling an important need in assisting Boomers who want to continue working. One of them is AARP, which offers a number of resources, including the following:

• The Work Reimagined website, a central point of information for older workers
• The Job Loss site, with information for those who have suffered job or income loss due to the pandemic
• The AARP Job Board, listing jobs from employers pledged to hire older workers

Do an internet search to find additional resources for older workers.

On the positive side, America's population is gradually aging, so employers who need workers may find they have no choice but to consider Boomers for open positions. Hopefully, that means we'll see more Boomers in the workforce in 2021.

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In my previous post, I suggested that many Boomers will be taking stock as they head toward next year, and some may be considering early retirement. The coronavirus pandemic may be one key factor in the current retirement rate, and data suggests more Boomers are in fact retiring. A recent Pew Research Center report indicates that, in Q3 2020, around 28.6 million Boomers said they were out of the work force due to retirement. That number was 3.2 million higher than in Q3 2019. Since February 2020, the number of retired Boomers has increased by about 1.1 million. (The percentage of increase was larger for Boomers 65 and older.) Contrast that to last year: The rise in Boomer retirees from February to September 2019 was only 250,000.

For some, however, early retirement is not an option. You may want to work or need to work in 2021. If so, an issue surrounding employment is likely to be an insidious factor -- ageism. I've written about the discriminatory nature of ageism in our society on many occasions, so I don't need to remind you that it is an ever-present reality when you are looking for a job.

Ageism is a challenge and there is no magic formula for breaking through the ageism barrier when seeking employment. Still, Boomers will find encouragement from prospective employers who value their experience and maturity. For older workers seeking employment next year, retirement coach Nancy Collamer solicited tips from other coaching colleagues and she offers this list of five solid tactics:

1. Diversify your networking strategies
2. Network before you need to do so
3. Spiff up your LinkedIn presence
4. Pivot to high-growth industries
5. Get creative.

Read the details about each of these tactics in Nancy's NextAvenue article here: https://www.nextavenue.org/how-to-get-a-job-in-2021/

NextAvenue also offers an area of its website called Work & Purpose with helpful, informative articles concerning finding a job, starting a business, starting a new career, volunteering and workplace issues. Many other sources are available to Boomer job seekers -- AARP's Job Search Resources page is a good place to start. In addition to full-time employment, a growing number of  opportunities exist in freelance, consulting and part-time employment.

If you're "on the hunt" for work in 2021, stay positive. Know your capabilities, capitalize on your experience, cultivate contacts and be persistent. You have a lot to offer!

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