A Focus on Age Discrimination in the Workplace

To the Editor:

Re “Three Men, Three Ages. Which Do You Like?” (Business Day, July 23):

The test groups used in the Princeton age discrimination study omit the cohort that primarily suffers such illegal treatment: employees between the ages of 46 and 65 (especially those nearing retirement age). Those employees are often let go by employers who perceive them to be more expensive and less valuable than younger replacements.

Also, while the article correctly notes that the Supreme Court has imposed a prohibitive standard for age bias lawsuits, the New York City Human Rights Law rejects the federal standard, requiring only a showing that age was a motivating factor in the employer’s decision.

ROBERT B. STULBERG
New York, July 23, 2013

The writer is a lawyer who represents plaintiffs in age discrimination and other workplace disputes.

To the Editor:

While the Age Discrimination in Employment Act of 1967 does not specifically bar an employer from asking prospective employees their age, doing so could be considered an intent to discriminate and the question is generally not included in job applications for that reason.

Fortunately for the older person seeking employment, résumés containing work and experience histories don’t always give away age, particularly if the person obtained his or her training and entered the work force in middle age or older.

Also, thanks to our cosmetics industry, elderly people don’t always have gray hair. All a curious employer has to do, however, is use the résumé information to look up the job seeker on one of the numerous “Find a Person” sites and obtain the person’s age. If the prospective employee is not hired, he or she can never prove that age was the deciding factor.

The inclusion of age information in these sites negates the intent of the A.D.E.A. and can be a damaging invasion of privacy.

ANNE MINICH
New York, July 23, 2013