Workplace Ageism Not Unusual in CNY – Oswego County Business Magazine

Workplace Ageism Not Unusual in CNY – Oswego County Business Magazine

 

Report on Age-Related Employment Discrimination and its Conflict with Sustainable Development Goals

Introduction

This report examines the persistent issue of age-related employment discrimination against older workers, a practice that directly contravenes several key United Nations Sustainable Development Goals (SDGs). Analysis of recent incidents and statistical data reveals that such discrimination, while often subtle, presents a significant barrier to achieving inclusive and sustainable economic growth. This issue undermines efforts to promote decent work for all, reduce inequalities, and ensure justice and strong institutions.

Analysis of Discriminatory Practices in the Workplace

Documented Incidents and Patterns

Evidence from pending civil actions and legal observations indicates a pattern of discriminatory practices that negatively impact older workers. These practices are inconsistent with the principles of fair and decent work outlined in SDG 8.

  • Hiring and Termination: A worker was hired by a staffing agency and terminated within a week under the pretext of not being proficient with a software application, despite the absence of established metrics. A supervisor’s comment suggested an expectation of hiring a younger individual.
  • Promotion and Advancement: An employee in her 50s with 25 years of experience and excellent performance reviews was denied a promotion, which was instead awarded to a significantly younger and less experienced colleague. The reason provided was a subjective “lack of leadership potential,” highlighting an intersectional challenge related to SDG 5 (Gender Equality) and SDG 10 (Reduced Inequalities).
  • Layoffs and Cost-Cutting: Veteran employees with higher salaries are disproportionately targeted during mass layoffs, while younger, lower-paid workers are retained. This practice constitutes an adverse action and is a common form of age-related discrimination.

Statistical Evidence and Worker Perceptions

A study by the American Association of Retired Persons (AARP) quantifies the prevalence of ageism, underscoring the widespread failure to create inclusive work environments as promoted by SDG 8 and SDG 10.

  • Six in ten workers over the age of 50 report having experienced subtle forms of age discrimination.
  • Common stereotypes persist, with co-workers assuming older peers are less tech-savvy or resistant to change.
  • Over 20% of respondents reported witnessing preferential treatment for younger employees in job training opportunities.
  • More than a quarter of respondents stated their employer does nothing to address workplace age discrimination, indicating a lack of institutional commitment to equality.

Implications for Sustainable Development Goals (SDGs)

SDG 8: Decent Work and Economic Growth

Age discrimination is a direct impediment to achieving SDG 8. By excluding experienced and skilled individuals from the workforce, employers undermine the goal of full and productive employment for all. With workers over 65 being the fastest-growing segment of the labor force, such discriminatory practices are not only unethical but also economically counterproductive to sustainable growth.

SDG 10: Reduced Inequalities

The practice of ageism fundamentally violates the core principle of SDG 10, which aims to empower and promote the social and economic inclusion of all, irrespective of age. Specific targets are directly impacted:

  1. Target 10.2: Denying employment or promotion based on age actively prevents the economic inclusion of older persons.
  2. Target 10.3: Discriminatory practices in hiring, promotion, and layoffs prevent equal opportunity and create inequalities of outcome, which this target seeks to eliminate.

Legal and Institutional Responses

Regulatory Framework and Complaint Mechanisms

To uphold principles of justice and institutional integrity (SDG 16), federal and state agencies exist to address discrimination complaints. However, data suggests a significant volume of unresolved issues.

  • The U.S. Equal Employment Opportunity Commission (EEOC) recorded 698 age-related complaints from New York in 2024.
  • The New York State Division of Human Rights received 1,519 complaints related to age discrimination in 2023.

Enforcement Actions and Case Studies

Successful legal actions demonstrate the importance of strong institutions (SDG 16) in enforcing non-discriminatory policies.

  • iTutorGroup: Following an EEOC lawsuit, the company paid $365,000 for using an AI program that automatically rejected applicants in their 50s and 60s. This case highlights how technology can systematize discrimination, undermining SDG 10.
  • Western New York Manufacturer: The company agreed to a $170,000 settlement after it was determined that age was a factor in not offering permanent positions to two exemplary older temporary workers.

Emerging Challenges and Legislative Action

The use of Artificial Intelligence (AI) in recruitment presents a new frontier for discrimination. In response, proposed legislation in California, Illinois, and New York aims to regulate AI in employment decisions. This proactive approach is essential for ensuring that technological advancements do not create new barriers to achieving SDG 10 by embedding age-based biases into hiring processes.

Conclusion

Age discrimination in the workplace is a critical human rights issue and a significant obstacle to the achievement of the Sustainable Development Goals, particularly SDG 8 (Decent Work and Economic Growth) and SDG 10 (Reduced Inequalities). Building age-inclusive workplaces through robust anti-discrimination policies, proactive education, and strong legal enforcement is a strategic necessity for fostering equitable, sustainable, and prosperous societies for all.

Analysis of the Article in Relation to Sustainable Development Goals

1. Which SDGs are addressed or connected to the issues highlighted in the article?

  • SDG 8: Decent Work and Economic Growth
    • The article directly addresses the challenges older workers face in securing and maintaining decent work. It discusses issues of discriminatory hiring practices, unfair dismissals, and denial of promotions, all of which undermine the principles of productive employment and decent work for all.
  • SDG 10: Reduced Inequalities
    • The core theme of the article is age-based discrimination, which is a form of inequality. It highlights how older individuals are denied opportunities and treated unfairly in the workplace solely because of their age, preventing their full economic and social inclusion.
  • SDG 16: Peace, Justice and Strong Institutions
    • The article discusses the legal and institutional frameworks designed to combat age discrimination. It mentions government bodies like the New York State Division of Human Rights and the U.S. Equal Employment Opportunity Commission (EEOC), as well as legal actions such as civil lawsuits and settlements. This relates to ensuring access to justice and building effective, accountable institutions.

2. What specific targets under those SDGs can be identified based on the article’s content?

  1. Under 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… and equal pay for work of equal value.” The article illustrates violations of this target through examples of older workers being unfairly let go, denied promotions, or targeted in layoffs, preventing them from achieving full and productive employment. The mention of veteran employees with higher salaries being replaced by younger, lower-paid workers also touches upon the principle of equal value.
    • Target 8.8: “Protect labour rights and promote safe and secure working environments for all workers…” The article discusses the violation of older workers’ rights to be free from discrimination. The legal cases and complaints filed with human rights agencies are attempts to protect these labor rights.
  2. Under SDG 10: Reduced Inequalities
    • Target 10.2: “By 2030, empower and promote the social, economic and political inclusion of all, irrespective of age…” The article’s focus on ageism in the workplace directly relates to this target. The discrimination described actively hinders the economic inclusion of older people.
    • Target 10.3: “Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies and practices…” The article details discriminatory practices by employers, such as using AI to screen out older applicants and passing over experienced employees for promotions. It also mentions actions to combat this, such as lawsuits and proposed legislation, which align with the goal of eliminating such practices.
  3. Under 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.” The article references victims of discrimination filing complaints, pursuing “pending civil actions,” and seeking resolutions through agencies like the EEOC, which are all examples of seeking access to justice.
    • Target 16.B: “Promote and enforce non-discriminatory laws and policies for sustainable development.” The entire discussion of the New York State Division of Human Rights and the EEOC’s actions, including filing lawsuits and securing settlements, is about the enforcement of non-discriminatory laws and policies against ageism.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

  • Yes, the article provides several quantitative and qualitative indicators that can be used to measure the prevalence of age discrimination and the effectiveness of countermeasures.
  • Prevalence of Discrimination:
    • The AARP study finding that “6 in 10 workers older than 50 have experienced subtle forms of age discrimination at work” serves as a direct indicator of the perception and experience of discrimination among the affected population.
  • Access to Justice and Institutional Response:
    • The number of age-related discrimination complaints filed with government agencies is a key indicator. The article provides specific data: “The New York State Division of Human Rights received 1,519 complaints related to age discrimination in 2023,” and the EEOC tracked 698 complaints in New York State in 2024. These figures measure the extent to which victims are reporting discrimination and using institutional channels for recourse.
  • Economic Impact and Enforcement:
    • The monetary value of settlements is an indicator of accountability and enforcement. The article mentions two specific examples: the iTutorGroup paying out “$365,000 to job applicants” and another company agreeing to a “$170,000 settlement.”
  • Labor Force Participation:
    • The statistic from the U.S. Bureau of Labor Statistics that “workers over 65 remain the fastest-growing segment in the labor force” can be used as a contextual indicator for labor force participation rates among older persons, which is relevant to Target 8.5.

4. Create a table with three columns titled ‘SDGs, Targets and Indicators” to present the findings from analyzing the article. In this table, list the Sustainable Development Goals (SDGs), their corresponding targets, and the specific indicators identified in the article.

SDGs, Targets and Indicators Targets Indicators
SDG 8: Decent Work and Economic Growth 8.5: Achieve full and productive employment and decent work for all.
  • Labor force participation rate of workers over 65 (mentioned as the fastest-growing segment).
  • Reports of older workers being unfairly dismissed or denied promotions.
SDG 10: Reduced Inequalities 10.2: Promote the social and economic inclusion of all, irrespective of age.

10.3: Ensure equal opportunity and reduce inequalities of outcome by eliminating discriminatory practices.

  • Proportion of workers over 50 who have experienced age discrimination (AARP study: 6 in 10).
  • Proportion of older workers who feel they are being pushed out of their jobs due to age (AARP study: about 20%).
SDG 16: Peace, Justice and Strong Institutions 16.3: Ensure equal access to justice for all.

16.B: Promote and enforce non-discriminatory laws and policies.

  • Number of age-related discrimination complaints filed with state and federal agencies (NYS Division of Human Rights: 1,519 in 2023; EEOC in NY: 698 in 2024).
  • Value of monetary settlements in discrimination cases (e.g., $365,000 and $170,000).

Source: oswegocountybusiness.com