United Kingdom: Equality and Human Rights Commission Launches New Program for Older Workers

Accompanied by research report and policy brief, the United Kingdom's Equality and Human Rights Commission (EHRC) has released its "Working Better - The over 50s, the new work generation " to open up more work opportunities for older Britons and address the challenges of an aging workforce. In so doing, EHRC has made a series proposals for fundamental changes to employment policies, including "abolishing the default retirement age, the extension of the right to request flexible working to all, overhauling employer recruitment practices to prevent discrimination and improved training and development."

EHRC's research report--"Older workers: employment preferences, barriers and solutions"--was authored by Deborah Smeaton, Sandra Vegeris and Melahat Sahin-Dikmen and finds, among other things, that of workers aged 50-75:

• 24% of men and 64% per cent of women say they plan to keep working beyond the state pension age;
• 55% cent say they are unhappy with some aspect of their working lives;
• half say the availability of part-time or flexible work would help them;
• 38% of men and 46% of women are not aware of the right to request flexible working available to adult carers; and
• 60% say they are as physically capable now to perform their jobs as when younger.

EHRC's policy briefing--"Working Better: The over 50s, the new work generation." draws on the new research and contains findings, recommendations and practical solutions for government and employers, and also features case studies from both employees and employers. In presenting its recommended solutions, EHRC states:

Tackling barriers to the employment of older people requires taking action on a number of fronts: the quality and flexibility of jobs; occupational health; retirement and pension policies; and attitudes and assumptions about the older generation. This will mean collaboration between government, employers, trade unions, occupational health experts and others.

Source: Equality and Human Rights Commission Media Release (January 25, 2010)

Commentary: Unemployment and Older Black Workers

Writing in Black Voices, Matthew Scott suggests that it may turn out that older Black men may be the group at greatest risk during the recession in the United States. This of special concern, since "[h]aving a significant number of older Black Americans unemployed and unable to support themselves less than 10 years from retirement raises major challenges for the Black community."

Source: BlackVoices.com "The Hidden Concern In Unemployment Numbers: Black Elderly" (February 11, 2009)

Research: Why is Retirement so Abrupt?

In an Institute of Economic Affairs discussion paper, John S. Heywood and W. Stanley Siebert examine the labour market for older workers and ask why retirement is so abrupt and what can we do about it. They focus on the United Kingdom's employment equality (age) regulations and whether they are likely to help the functioning of the market for older workers.

In "Understanding the Labour Market for Older Workers", the authors determined that the abuptness of retirement is due, historically, to the fact that in most countries it has been difficult to work and receive a pension. Pension rules discourage on-going relationships with existing employers, despite the fact that those employers have already paid the fixed costs associated with hiring and training and it was to those firms that the workers are most valuable. The find, however, that the situation has changed for the better, at least in the UK.

Source: Institute of Economic Affairs Discussion Paper No. 23 Abstract (November 30, 2008)

United Kingdom: Government Reports on Flexible Retirement, Seeks More Comments

The United Kingdom's Department for Work and Pensions (DWP) has released the results of its consultation on flexible retirement and, in turn, has announced a new consultation to explore this issue further. According to DWP, the "most obvious conclusion from this exercise" is that the age discrimination regulations "continue to cause some unease and uncertainty for employers, trustees, professional advisers, members and their representatives alike."

According to DWP, the age rules were intended to combat the worst aspects of discrimination, and "it would be counterproductive to introduce a regulatory regime that subverted the Government’s wider policy of ensuring that older people have opportunities to carry on working and earning towards retirement." Accordingly, DWP wants to promote fairness, not set impossible standards. Thus, DWP now seeks "to consult on alternative options for a further exemption in respect of flexible retirement arrangements to mitigate any disincentive effect." Specifically, DWP is asking, among other things:

Question 1: The definition of ‘flexible retirement’ excludes members continuing in the same grade with the same hours, but who take all or part of their age-related benefits. Do you (or employers or schemes you advise) enable workers to continue to work after NPA in the same grade and with the same hours whilst taking their age related benefits? If so, does the practice cause significant problems for the scheme and are you (or any of the employers or schemes you advise) considering withdrawing the policy? If not, please explain why the practice has not been adopted.

Question 4: We welcome further evidence to determine the extent to which the Age Regulations deter employers from offering flexible retirement arrangements. Do you (or the employers or schemes you advise) currently provide flexible retirement arrangements to staff? If so, are you (or the employers or schemes you advise) considering withdrawing or limiting those arrangements? Why? If you (or the employers or schemes you advise) do not offer flexible retirement arrangements, what is the reason for this? Would an exemption from the Age Regulations lead you (or the employers or schemes you advise) to change your current practice?

Sources: Department for Work and Pensions "Flexible Retirement and Pension Provision" (December 16, 2008); Professional Pensions "DWP launches age discrimination consultation" (December 17, 2008)

Research: Relationship of Age and Unemployment

The Institute for the Study of Labor has published a paper seeking "to gain insights on the relationship between growth and unemployment, when considering heterogeneous agents in terms of age." According to the authors (François Langot and Eva Moreno-Galbis) of "Does the Growth Process Discriminate against Older Workers?":

under the assumption of homogeneous productivity among workers, firms tend to fire older workers more often than young ones, when deciding whether to update or not a technology: there is an equilibrium where the creative destruction effect dominates over the capitalization effect for old workers, whereas the capitalization effect dominates for young workers. This discrimination against older workers can be moderated when we introduce heterogeneity (in terms of productivity) among workers.

Source: Institute for the Study of Labor Discussion Paper 3841 Abstract (November 2008)

United Kingdom: Survey Shows Continued Age Discrimination Affecting Older Workers

According to a survey conducted by the Age and Employment Network (TAEN), only 10% of surveyed jobseekers in the United Kingdom aged 50 and over could say they had never experienced age discrimination when looking for work. In addition, just 13% thought the UK age discrimination legislation introduced in October 2006 had helped older people find work.

TAEN's "Survey of Jobseekers Aged 50+" also surveyed employer perceptions. While 67% of jobseekers felt they had the right skills for today’s labour market, 63% believed they were seen as too old by employers and 42% said they were seen as too experienced or over-qualified.

Chris Ball, Chief Executive of TAEN , commented:

We began gathering responses to our survey in January 2008, before the labour market slowdown and the crisis in financial markets started to bite. Our data represents responses from older jobseekers in a context when personal financial worries were probably less grave. We cannot but be concerned that the over-50s are going to face even greater barriers as the economy deteriorates.

Source: The Age and Employment Network Press Release (October 27, 2008)

Advocate General Opinion Supports U.K.'s Mandatory Retirement Law at European Court of Justice

Jan Marzak, the Advocate-General for the European Court of Justice, has issued an opinion recommending that the Court uphold the United Kingdom's law taht bans discrimination on the ground of age but excludes pensioners, who can be dismissed at 65 without redundancy payments, or at the employer's mandatory retirement age if it is above 65. According to Marzak:

A rule such as that at issue in the main proceedings, which permits employers to dismiss employees aged 65 or over if the reason for dismissal is retirement, can in principle be justified under Article 6(1) of Directive 2000/78 if that rule is objectively and reasonably justified in the context of national law by a legitimate aim relating to employment policy and the labour market and it is not apparent that the means put in place to achieve that aim of public interest are inappropriate and unnecessary for the purpose.

According to Gordon Lishman, director general of Age Concern, one of whose member organizations--Heyday--brought the case to set aside the law, "This is a set back, but it is not a disaster." While Age Concern would have preferred to have the Advocate General’s support, his "opinion confirms that the EU Directive requires age discrimination to be justified. It’s now up to the UK government to prove to the High Court that their social and employment policies are important enough to justify kicking people out of work at 65."

Sources: The Times "Setback in battle against compulsory retirement age" (September 24, 2008); Personnel Today "Heyday age discrimination ruling: what the employment lawyers and experts say" (September 23, 2008); Age Concern Press Release (September 23, 2008); Employers Forum on Age Press Release (September 23, 2008)

Survey: Age Discrimination Leading Form of Workplace Discrimination

A survey of what U.S. workers think of diversity has found that, while 61% of workers agree that having a diverse workforce makes their organization more successful, 47% of employees have felt discriminated against at the office, with age cited as the top form of workplace discrimination. According to Adecco USA, 52% of those workers who have experienced discrimination at the office reported age as the basis for discrimination, followed by gender (43%), race (32%), religion (9%), and disability (7%).

With respect to diversity generally, the survey found that only 34% of U.S. workers believe that corporate America has achieved total workforce diversity, and 78% feel that having a diverse workforce is something that most companies publicize more than they actually implement. For employers looking to further strengthen their diverse workforce, Adecco suggests (1) giving senior management commitment, (2) engaging employees in the process, (3) supporting local/community diversity groups, (4) providing diversity training, and (5) promoting open communication.

Source: Adecco News Release (July 10, 2008)

Australia: "Mature Workers Mean Business" Campaign Launched

Australia's Human Rights and Equal Opportunity Commission (HREOC) has launched a new community education campaign aimed at busting the myths and stereotypes about mature age workers. Under the rubric of "Mature workers mean business," the HREOC will use a range of print advertisements and web-based material to highlight the benefits of mature age workers and to address discrimination in this area.

According to Federal Commissioner responsible for Age Discrimination Elizabeth Broderick, many older participants in a recent national tour raised age discrimination as a barrier to full and equal participation in the workplace and many other aspects of life.

"Some people told me that ageist assumptions and attitudes heavily impacted on their ability to find meaningful work, including misconceptions about being able adapt to change or wanting work at senior levels," said Ms Broderick. "Others recounted the barriers they faced in other areas of life, such as accessing public spaces or being awarded driver’s licences."

HREOC has created a Mature Workers Mean Business website, which, among other things, showcases stories from the workplace featuring older workers and their employers, debunks common myths about older workers, and offers strategies to attract and retain mature workers.

Source: Human Rights and Equal Opportunity Commission Media Release (July 7, 2008)

Bulgaria: Age Discrimination Resulting in Large Number of Older Unemployed

According to news reports, Veselin Ilkov, head of a Department in Bulgaria's Ministry of Labor and Social Policy, believes that 46% of the unemployed in Bulgaria between 50 and 60 years have no work exactly because of their age. Ilkov proposes that an employer ethic codex be accepted not to allow age discrimination.

Although since 1 October 2006 there is law against the age discrimination, there still are many employers in Bulgaria who use the advance in years as excuse for dismissing or eliminating by competition for vacation work place a person, without taking under consideration the worker's qualification and skills.

Sources: News.bg "Half of the Unemployed Over 50 Years--Discriminated" (June 13, 2008); FOCUS "Veselin Ilkov: Employers often eliminate older people, applying for a position" (June 13, 2008)

Ageist Language Can Hurt the Workplace

According to research conducted by Bob McCann, an associate professor of management communication at the University of Southern California Marshall School of Business, even though demographic trends point to a more age-diverse workforce, ageist language is still to be found in many workplaces, and can have severe repercussions for both older workers and their employers.

"Our research has clearly shown links between ageist language and reported health outcomes as broad as reduced life satisfaction, lowered self-esteem, and even depression," said McCann. The workplace is a particularly fertile and problematic area for ageist communication, given that people derive so much of their identity from work.

McCann worked with Howard Giles of the University of California, Santa Barbara on studies showing ageist language playing a major role in age-discrimination lawsuits. Examples of just some of the hundreds of age-based comments that McCann and Giles report include: "the old woman," "that old goat," "too long on the job," "old and tired," "a sleepy kind of guy with no pizzazz," "he had bags under his eyes," and he is "an old fart."

Source: University of Southern California Marshall School of Business News Release (April 14, 2008)

Poland: Older Workers Offer Solution to Demographic Challenge, but Must Overcome Prejudices Against Them

Following on the Polish government's proposals to help make people over the age of 50 more active in the workforce, the Warsaw Business Journal has published an article looking at the demographic challenge facing the Polish labor market. While noting that older workers could be what employers are looking for--offering experience, loyalty and flexibility, the article also suggests that "first the significant obstacle of prejudice must be overcome."

Only 41.5% of people aged 50 to 64 were professionally active in 2006, making Poland's employment rate for this group one of the lowest in the European Union, only beating out Malta. According to an Ipsos Poland survey done for Academy for the Development of Philanthropy (ARFwP), high unemployment in the 1990's and the beginning of the 2000's decade forced a large number of older people to exit the workforce in order to accommodate the younger generation, a trend that was further increased by high labor costs.

According to the Warsaw Business Journal article, labor market experts believe "the government's program is not enough to retain seniors in the workforce or lure them back." Instead, Poland needs a wide range of coordinated initiatives, such as the development of NGOs that would specialize in issues facing older people, such as the AARP in the United States.

On another front, employers also need to show more good will and flexibility in the employment of seniors. However, mere sympathy and pity are not arguments which appeal to entrepreneurs, according to Joanna Tokarz, project coordinator at ARFwP. She is quoted as saying: "The employer has to think in terms of the market, and they should be shown the benefits of employing over-50s in the first place." To enable this ARFwP has launched a project called Zysk z dojrzałości ("Profit from Maturity") in cooperation with Britain's Beth Johnson Foundation, to promote "age friendly" strategies and age-management solutions among employers.

Source: Warsaw Business Journal "Veteran workforce" (March 3, 2008)

United Kingdom: Age Law Easing Older Workers Conserns in Shifting Jobs

A survey conducted for Joslin Rowe suggests that the United Kingdom's age discrimination legislation is leading to a significant increase in job moves amongst "older" workers in the financial services sector. Specifically, workers ove 35 years of age account for 18.1% of total moves in 2007 compared with only 14.0% five years earlier. Even more significantly, workers over 56s made up only 0.1% of job changes in the financial services sector five years ago, but, following the legislation, this figure has grown to 0.5%--an absolute increase of 323.2% over the last five years.

Source: Joslin Rowe Press Release (February 25, 2008)

United Kingdom: Report Finds Older People Want to Work or Start Businesses

According to a report commissioned by PRIME and written by the economist Christopher Smallwood, some 800,000 people in the United Kingdom between 50 and state pension age are currently inactive but want to work. The report--"Improving Employment Prospects for the Over 50s"--also finds that the majority of new businesses are created by people in their 40s and 50s and that Companies started by older people have a 70% chance of surviving the first five years, compared with only 28% for younger people.

“It is worth putting real money behind a drive to re-employ economically inactive over-50s”, says the report’s author Christopher Smallwood.

“In order to reintroduce them to the workforce, two things are needed: (1) widespread changes in employers’ practices relating to training, retention and recruitment, and (2) a more proactive approach from Government agencies to help people back to work, particularly in the area of self-employment.”

The report says that while there are still a greater number of complaints about age discrimination in the workplace than about any other form of discrimination, a change in employer attitudes and practices of employers, together with a greater focus on the possibilities for self-employment, would do more than additional legislation.

An executive summary of the report is also available.

Source: PRIME Business Club News Release (January 14, 2008)

EEOC Rules that ADEA Is No Barrier to Employers Coordinating Health Plans with Medicare

The U.S. Equal Employment Opportunity Commission (EEOC) has published a final rule allowing employers that provide retiree health benefits to continue the longstanding practice of coordinating those benefits with Medicare (or comparable state health benefits) without violating the Age Discrimination in Employment Act (ADEA).

Following a period of litigation arising from a 2000 federal circuit court decision that the ADEA requires that the health insurance benefits received by Medicare-eligible retirees be the same, or cost the employer the same, as the health insurance benefits received by younger retirees, the regulation now provides an exemption for ADEA coverage for the common and longstanding employer practice of "coordinating" those benefits with Medicare by supplementing the government healthcare or by offering retirees a "bridge" benefit to cover health expenses after employees retire until they become Medicare-eligible.

“Implementation of this rule is welcome news for America’s retirees, whether young or old,” said Commission Chair Naomi C. Earp. “By this action, the EEOC seeks to preserve and protect employer-provided retiree health benefits which are increasingly less available and less generous. Millions of retirees rely on their former employer to provide health benefits, and this rule will help employers continue to voluntarily provide and maintain these critically important benefits in accordance with the law.”

Source: Equal Employment Opportunity Commission Press Release (December 26, 2007)

Other Sources: Des Moines Register "Don't make it harder to give health benefits to retirees" (January 2, 2008); AARP News Release (December 27, 2007)

United Kingdom: European Court Decision Seen as Supporting Mandatory Retirement Law

A number of United Kingdom lawyers, reacting to the European Court of Justice decision upholding Spain's manatatory retirement law, believe the decision suggests that a challenge to the UK law will also fail. Thus, for example, a story in Personnel Today quotes Rachel Dineley, employment partner at law firm Beachcroft, as saying:

"While Heyday may persist with its challenge regardless of this development, employers can take comfort from what is clearly a sound and sensible view.

"Conversely, employees who had contemplated challenging their employer's decision to require them to retire on reaching age 65 may reluctantly accept the decision, and recognise that any challenge through the Employment Tribunal is very probably futile."

Similarly, in an article for THe Times, Michael Herman quotes James Baker, a solicitor at Macfarlanes, as saying: “The court has clearly accepted that mandatory retirement ages are discriminatory but that they can be justified as in this case.”

However, in a story in Clickdocs, quotes Juliet Carp, an employment solicitor with Speechly Bircham LLP, as saying:

"At first sight, the ECJ's decision seems likely to disappoint older workers - and delight many employers.

"Although the judges in Palacios made it clear that a wide discretion is offered to member states, it is still possible that the ECJ might not accept the British policy objectives as a legitimate excuse for age discrimination."

In addition, Gordon Lishman, Director General at Age Concern, has announced that, while disappointed that the the Palacios case did not succeed, Age Concern still believes "it is discriminatory for an individual to be made to retire on the grounds of their age and against their will," and that the Court decision will not set back the legal case that Heyday, supported by Age Concern, is bringing to the Court. "There are significant distinctions between the Heyday case and the case of Felix Palacios. The legal advice we are hearing is that Heyday should forge ahead with its case undeterred."

Sources: Personnel Today "European Court of Justice signals UK's mandatory retirement age will survive Heyday challenge" (October 16, 2007); The Times "EU ruling a blow to workers over 65" (October 17, 2007); Clickdocs "Compulsory retirement not prohibited, says ECJ" (October 18, 2007); Age Concern News Release (October 17, 2007)

European Court of Justice Upholds Mandatory Retirement Legislation

In the case of Palacios v Cortefiel Servicios SA, the European Court of Justice has held that the European Union's Equal Treatment Framework Directive does not prohibit member states from introducing mandatory retirement ages. Following an earlier ruling by an Advocate-General of the ECJ, the Court ruled on a complaint brought by Félix Palacios de la Villa against Cortefiel Servicios SA, in which Mr Palacios claims that his dismissal on the ground that he had attained the compulsory retirement age laid down in a collective agreement was unlawful and that a provision in Spain's discrimination laws which effectively allowed employers to force staff to retire at 65 was incompatible with European law.

In its decision, the Court first stated that national legislation fixing an age for compulsory retirement establishes rules relating to "employment and working conditions, including dismissals and pay" within the meaning of Council Directive 2000/78/EC of 27 November 2000--establishing a general framework for equal treatment in employment and occupation--and, therefore falls within its scope. Thus, since such legislation directly imposes less favorable treatment for workers who have reached that age as compared with all other persons in the labor force, it cannot pass muster unless there is justification for that difference in treatment.

Turning to the justification in the case of the Spanish legislation, the Court found that it lay in a national policy aiming to promote better access to employment by means of better distribution of work between the generations, even though the legislation did not formally refer to that aim. Furthermore, the court found that the legitimacy of such an aim could not reasonably be called into question, since the promotion of a high level of employment constitutes one of the ends pursued both by the European Union and the European Community.

The Court stopped short of authorizing any such legislation. While member states and enjoy broad discretion in their choice, the national measures may not go beyond what is "appropriate and necessary" to achieve the aim concerned. Thus, the Court found it not unreasonable for a member state to take the view that compulsory retirement, because the worker has reached the age-limit provided for, may be appropriate and necessary in order to achieve a legitimate aim in the context of national employment policy consisting in promoting full employment by facilitating access to the labour market. Furthermore, the Spanish legislation was not based only on a specific age, but also took account of the fact that the persons concerned were entitled to financial compensation by way of a retirement pension at the end of their working life, the level of which cannot be regarded as unreasonable.

Source: European Court of Justice News Release (October 16, 2007)

Netherlands: Focus on Age Discrimination

According to an article in Expatica, age discrimination is increasingly prevalent, and less talked about in the Netherlands than other forms of discrimination.
Of the 694 complaints of discrimination submitted to the Dutch Committee for Equal Treatment (CGB) in 2006, 219 dealt exclusively with discrimination on the basis of age.

Older employees tend to be less likely to be promoted or invited for job interviews, even when their resume are similar or better to younger candidates, according to a recent CGB report.

In addition, companies that are forced to reorganise usually prefer to fire older employees first. Older employees are also the least likely to be offered outplacement programmes that help make a quick transfer to a different company.

While laws may help the older workers who do file complaints, some insiders say only economic need will end age discrimination; as the baby boomers retire, the larger work force requirements can only be realized if companies decide to retain their senior professionals.

Source: Expatica.com "'Older' workers in Holland facing age discrimination" (October 12, 2007)

United Kingdom: Government Seeks Feedback on Flexible Retirement

The United Kingdom's Department for Work and Pensions has issued a consultation, seeking views on key issues raised by industry since the implementation the pension provision of the Employment Equality (Age) Regulations in December 2006, particular application of the regulations in relation to flexible retirement and pension provision. The Department believes that there is still confusion as to whether the age rules can allow more flexible retirement.

The issue is especially important, since the government considers flexible retirement key to meeting the challenges of an ageing population by providing choices and opportunities for older people to plan how they want to stop working. "Increasing the incentives to work for longer will give individuals the opportunity to plan for a longer working life and save towards a more financially secure retirement." However, because of the age rules, "[e]mployers and the pensions industry may be reluctant to implement change without case law and therefore are cautious in proposing modifications to a scheme which could be considered discriminatory or which cannot be objectively justified if challenged."

Thus, in the consulation, the Department seeks responses to, among other questions:

Q1. We would welcome your views on what you believe might constitute direct or indirect age discrimination in relation to flexible retirement.

Q2. It would also be helpful if you could indicate practices which you believe should be exempt or which could be objectively justified.

Source: Department for Work and Pensions "Flexible Retirement & Pension Provision" Consultation Document (October 10, 2007)

Survey: Ageism Isn't Only About Old People

According to a online poll sponsored by Age Lessons (conducted online by Harris Interactive, plus follow-up interviews by Age Lessons), younger workers [36% of 18-34 year olds] are more likely to say they experienced age discrimination than older, 35+ workers [24%]. Significantly, 93% of respondents said they had “witnessed or experienced” ageism and were hesitant to report it for reasons including a perceived inability to change the status quo, fear of being labeled a problem or getting targeted for future layoffs.

“Ageism isn't about old people, it's about all people. To avoid a ‘war of the ages' in the workplace, companies need to address generational diversity across the age spectrum and develop strategies for leveraging the richness and value-add of a diverse workforce,” noted Laurel Kennedy, Age Lessons president.

Among other findings, younger workers told interviewers that older workers seemed to be “kicked to the curb” at a disproportionately high rate during layoffs. This led them to wonder out loud about how loyalty was being repaid by employers.

Source: Age Lessons Press Release (September 5, 2007)

Rise in Age Bias Suits Linked to Rise in Older Workers

Writing in the National Law Journal, Tresa Baldas reports that employment attorneys say the surge in age bias lawsuits is mainly due to the fact that a large part of the work force is getting older, staying healthier, and choosing to work longer. For example, Gary Phelan of Outten & Golden reports that his firm has seen a 50% increase in age bias claims in the last year and claims that employers still aren't taking age discrimination seriously.

Employers have been put on the alert, said attorney Zachary Hummel of Bryan Cave's New York office, who represents employers in labor matters.

"As our work force ages--and I have many clients watching that happen within their work force--practitioners are anticipating what certainly will come, and that is more age-based suits," Hummel said. "And those of us that do a lot of advising work with clients ... we certainly are concerned about that because age discrimination claims are difficult cases to defend."

Source: National Law Journal "Age Bias Suits on the Rise With Older Employees Working Longer" (March 16, 2007)

United Nations: Older Workers Part of Agenda for Commission for Social Development

On February 7, the United Nations Commission for Social Development opened its 45th session on promoting full employment and decent work for all. Among other things, the Commission will review the Madrid International Plan of Action on Ageing, five years after it was adopted at the Second World Assembly on Ageing.

Under-Secretary-General for Economic and Social Affairs, José Antonio Ocampo, said that strong economic growth in 2006 had not led to substantial reductions in unemployment rates and included older workers among those facing increasing insecurity in the workplace and shrinking opportunities for decent work. Han Schölvinck, Director, Division for Social Policy and Development, Department of Economic and Social Affairs, noted that a report on the nearly five years since the Second World Assembly on Ageing showed that there are tremendous challenges facing the world’s rapidly ageing populations and observed that the active participation of older persons in society was impossible without protecting their rights and fighting against age-based discrimination and making concerted efforts to empower them.

Among the documents prepared for the Conference, the Report of the Secretary-General on Promoting Full Employment and Decent Work for All found:

104. The number of older persons remaining employed varies considerably around the world. Countries with high per capita incomes tend to have lower labour force participation rates among older persons. Older persons in less developed regions continue to participate, to a great extent, in the labour force, owing largely to the limited coverage of social security schemes and the relatively low guaranteed incomes.

105. Unfortunately, older persons face discrimination in employment. Older persons should have the opportunity to work or to have access to other income-generating opportunities as well as to determine when and at what pace to withdraw from the labour force. Continuing educational opportunities and opportunities to update skills could help to empower older persons to decide for themselves when to leave the labour force. In order to fully empower older persons to leave the labour force when they want to, pensions and health care should be available to them so that they are not forced to work for survival.

Source: U.N. Economic and Social Council Press Release (February 7, 2007)

European Year for Equal Opportunities for All Launches

The 2007 European Year for Equal Opportunities for All (EYEO), which kicks off in Berlin on January 30th at the first ever Equality Summit, launched its website and published the results of an EU survey on anti-discrimination. The survey--Special Eurobaromter: Discrimination in the European Union--highlights that awareness of the existence of anti-discrimination laws (on grounds of sex, ethnic or racial origin, age, sexual orientation, disability, religion or belief) is still relatively low in the EU.

Among other results, the survey shows that a broad majority of Europeans believe that being over 50 (69%) is a disadvantage in their society, and many also believe that more people over 50 (72%) are needed in the workplace.

When it comes to getting a job, disability and age are the two main factors which Europeans believe put people most at a disadvantage. Close to 8 out of 10 respondents feel that with equivalent qualifications, a person aged 50 or over stands less chance when it comes to employment or promotion compared with a person aged under 50, and similarly a disabled person compared with an able-bodied person. Many respondents (68%) believe that, for women, family responsibilities are an obstacle to accessing management positions. Support for this view is particularly strong in Spain and Germany (both 76%).

Source: Employment, Social Affairs and Equal Opportunities News Release (January 23, 2007)

Paper Establishes Index for Age Bias in the Workplace

RetirementJobs.com, a web destination for people aged 50 plus, has published a research paper based on results from the company's ongoing online survey of mindsets and practices of employers and 50 plus workers related to real and perceived age-bias. According to "Age Bias in the American Workplace: A "Fact of Life" Enters Its Own Phased Retirement", employers are three times more likely (36%) to report that "age bias is declining" compared to only 12% of workers, while 96% of workers believe age bias to be a problem, a smaller number, 77% of workers "actually have experienced or observed" workplace age bias, and only 17% of employers are believed to be making "a conscious effort to attract workers 50 and over."

"Workplace age bias is undergoing its own phased retirement," says Tim Driver, CEO of RetirementJobs.com. "Older employees are electing to work longer than planned. Employers, meanwhile, increasingly understand the merits of retaining and hiring workers that connect with customers, are dedicated, turn over less often (than younger employees), and hold valuable lessons learned from their prior careers." The report cautions that a symbiotic worker/employer relationship is "vital in healthcare, retail, customer services, sales, financial services, the crafts and trades, engineering, skilled manufacturing, the sciences, education and in government. These areas are already experiencing a shortage of workers while also facing large numbers of retirements in the next several years."

In its paper, RetirementJobs.com has established the an Age Bias Index to serve as a barometer by which developments in the status and perceptions of age bias among employers, employees, and the general population may be measured.

Publication of the paper also coincides with RetirementJobs.com's clarion "call to action" to confront and reduce workplace age bias.

Source: Retirementjobs.com Press Release (January 23, 2007)

Canada: Survey Finds Age Biggest Source of Discrimination in Hiring

A survey of Canadian employees conducted by Kelly Services has found that age has become the biggest source of prejudice. According to an article on the survey in The Globe and Mail, the survey found that 14.6% of respondents said they'd faced age discrimination when applying for a job, with that figure rising to 63.6% among those aged 55 and older.

The age discrimination result is troubling because there have been continuing efforts to ban it through legislation and human resources policies in workplaces, says Judy Cutler, director of government relations for Canada's Association for the 50-Plus (CARP).

The results show that attitudes have not caught up with the reality that Canada is facing a crisis as older workers leave the work force, and not enough younger workers are coming up through the ranks to replace them, she says.

Source: Globe and Mail "Ageism top bias in job hunt, poll finds" (October 25, 2006)

Baby Boomer Employees and Age Discrimination Laws Both Show No Signs of Slowing Down

An article by Jonathan Segal for the Society for Human Resource Management's HR Magazine discusses recent polls showing that baby boomers will continue working longer than prior older workers and statistics showing an increase in age discrimination awards. He points out, therefore, that for employers, a graying workforce creates both opportunity and potential liability. "Opportunity lies in using older workers’ skills to fill gaps occasioned by the declining birth rate. But liability will arise if your organization improperly excludes, marginalizes or tosses aside older workers. They will fight back, and they will find strong allies in juries."

Analyzing federal and state age discrimination laws, Segal points out difficulties employers may have in mandating the retirement of high executives, whether voluntary retirement program incentives are really voluntary, and issues about the protection of older workers (over 40) as opposed to "older older" workers (closer to 65).

Source: "Time Is on Their Side" HR Magazine (February 2006)

Aging of Baby Boomers Brings Focus to Age Discrimination

According to an article by Bill Leonard, Jonathan A. Segal, a partner with the Philadelphia-based law firm of Wolf, Block, Schorr and Solis-Cohen, told Society for Human Resource Management (SHRM) that preventing age bias could become the top diversity challenge that employers must confront over the next five to 10 years. Speakng to SHRM employees as part of SHRM's recognition and celebration of older worker, Segal said that the changing demographic of the more than 75 million baby boomers in the United States has created what he called the “baby boom-erang” and that many employers are clearly guilty of what he called the “Dracula complex”--“They want newer and fresher blood, because they’re under the mistaken impression that it can bring vitality to an organization.”

Segal said it’s easy for employers to address some problems with age discrimination by making sure to avoid improper job interview questions about age and to use uniform interview questions for all employees. Uniform questions can protect employers from unconscious age bias and illustrate their commitment to equal employment opportunity, Segal said.

He said that employers need to be aware of their decision-making processes and remove unlawful considerations of age.

“In other words, there is no such thing as a ‘young person’s job,’ and discomfort with older employees is never a defense in an age-discrimination claim,” he said. “Management should ensure consistency of all hiring and promotions decisions regardless of age relative to providing opportunities, offering training, setting expectations and measuring the results. Everyone must be treated equally.”

Source: "Aging baby boomers bring age bias to the forefront" HR News Online (May 11, 2005)