Op-Ed | We must protect our older citizens from age discrimination | amNewYork

When Workplace Experience Becomes a Liability

Introduction

Experience in the workplace should be an asset to employers, not a reason to discriminate against employees. However, age discrimination remains a prevalent issue affecting older workers in the United States. This report highlights the need for action to address this problem and protect the rights of older Americans.

The Case of an Older Worker

A recent incident involving an older worker exemplifies the challenges faced by this demographic. Despite 24 years of dedicated service and exceptional performance, the employee was unexpectedly terminated five years before he would have been entitled to significant retirement benefits. This raises questions about the timing of his dismissal and the potential influence of age discrimination.

The Scope of Age Discrimination

According to AARP, more than 74 percent of the 100 million people aged between 40 and 64 who are currently employed in the United States have experienced or witnessed age discrimination in the workplace. This alarming statistic highlights the pervasive nature of this issue.

The Impact of Forced Arbitration

Forced arbitration clauses, often signed unknowingly by employees, prevent individuals from seeking justice for workplace discrimination. This unfair process deprives workers of their constitutional right to a jury trial and favors employers. The arbitrators, who are not always trained lawyers, are selected by the employer, further undermining the employees’ chances of a fair outcome. Consequently, employees are less likely to win in arbitration compared to court proceedings.

The Need for Congressional Action

With the aging population in the United States growing and more individuals postponing retirement, it is crucial for Congress to address age discrimination and ensure that affected individuals have access to justice. Building on previous efforts to ban forced arbitration in cases of sexual harassment and assault, the bipartisan Protecting Older Americans Act has been introduced. This legislation aims to allow individuals who have experienced age discrimination to file their cases in court, even if they had previously signed a forced arbitration clause. By giving them a voice in the process and the ability to seek justice, this act protects the rights of older Americans and strengthens the economy for future generations.

Conclusion

Aging is a natural part of life, and older individuals have made significant contributions to the economy and workforce throughout their careers. They should not face age discrimination in return. The passage of the Protecting Older Americans Act is essential to ensure that those who experience age discrimination can obtain the justice they deserve. By addressing this issue, we can build a better economy that values and respects individuals of all ages.

SDGs, Targets, and Indicators

1. SDG 8: Decent Work and Economic Growth

   • Target 8.5: By 2030, achieve full and productive employment and decent work for all women and men, including for young people and persons with disabilities, and equal pay for work of equal value.
   • Indicator 8.5.1: Average hourly earnings of female and male employees, by occupation, age, and persons with disabilities.

2. SDG 10: Reduced Inequalities

   • Target 10.2: By 2030, empower and promote the social, economic, and political inclusion of all, irrespective of age, sex, disability, race, ethnicity, origin, religion or economic or other status.
   • Indicator 10.2.1: Proportion of people living below 50 percent of median income, by age, sex, and persons with disabilities.

3. SDG 16: Peace, Justice and Strong Institutions

   • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
   • Indicator 16.3.1: Proportion of victims of violence in the previous 12 months who reported their victimization to competent authorities or other officially recognized mechanisms.

Analysis

The issues highlighted in the article are related to age discrimination in the workplace and the use of forced arbitration clauses, which prevent employees from seeking justice. Based on this, the following SDGs, targets, and indicators can be identified:

1. SDG 8: Decent Work and Economic Growth

The article addresses the issue of age discrimination in the workplace, which is a barrier to achieving full and productive employment and decent work for all. Target 8.5 aims to achieve equal pay for work of equal value, regardless of age. The indicator 8.5.1, which measures average hourly earnings by occupation, age, and persons with disabilities, can be used to measure progress towards this target.

2. SDG 10: Reduced Inequalities

The article highlights the inequality faced by older workers who experience age discrimination. Target 10.2 seeks to promote the social, economic, and political inclusion of all individuals, irrespective of age. The indicator 10.2.1, which measures the proportion of people living below 50 percent of median income by age, sex, and persons with disabilities, can be used to track progress towards this target.

3. SDG 16: Peace, Justice and Strong Institutions

The article discusses the need for equal access to justice for individuals who face age discrimination. Target 16.3 aims to promote the rule of law and ensure equal access to justice for all. The indicator 16.3.1, which measures the proportion of victims of violence who report their victimization to competent authorities or recognized mechanisms, can be used as an indicator to measure progress towards this target.

Table: SDGs, Targets, and Indicators

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Source: amny.com

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