Things You Can/Can't Do About Age Bias (2)

3. You generally can’t challenge management’s authority to make employment decisions: Unless you have sufficient evidence or cause to believe that age played a part in promotional decisions, the law preserves management’s authority to make employment decisions. You may not agree, you may not like it, and there’s not much you can do other than file an age discrimination complaint or claim. This is not an action that will endear you to your employer, but the law prohibits retaliation against employees who file such claims. It may be uncomfortable, but it may be your only option.

4. You can’t challenge legitimate job requirements: Employers are permitted to establish bona fide (legitimate) job qualifications, and they can even refer to age. For example, An advertising agency can require that a model for teen clothing not be older than a given age. Employers are generally very careful about setting job qualifications—even though they may appear discriminatory. Work in a grocery store may require an ability to routinely lift packages up to 60 pounds. There are cases when you can request a “reasonable accommodation” to permit you to perform the job, but this is generally the only way around job requirements. Sometimes it’s simply necessary to look for a different job.

5. Evaluate industry patterns and company cultures: Laws and management principles notwithstanding, there are certain industries and companies that are historically, culturally, and possibly financially, predisposed to favor younger workers. You can lament and complain about this situation, but the practical thing to do is to consider other industries or occupations. You can also seek out that exceptional employer that values workers for their capabilities and contributions, regardless of age.

Here’s what you can do to avoid or overcome age bias:

1. Know your rights: Become familiar with the fundamental rights provided by federal and state ADEA laws. You may not always choose to pursue or enforce these rights, but you should know what is and what is not permissible. Refer to this AARP explanation of your rights under the ADEA.

2. Be clear about your objectives: Examine your personal life and work history, and inventory your knowledge, skills, capabilities, and achievements. Consider what you most enjoy doing. Identify specific employers and know the type of job you want. Get some career advice and select the occupation or profession in which you are most apt to prosper. Put all this information down in a clear and concise resume. Your clarity and confidence of purpose will come through to employers.

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