Employment Strategy

Human Capital Management

HRM/531

Employment Strategy

The Human Resources department for company that has employees must not only be aware of the myriad of laws that they must follow in regards to fair and equitable treatment of employees but know how to train their staff to abide by those laws. Age discrimination is an issue that does not get the media coverage that other forms of discrimination such as race, gender, sexual orientation, or harassment do. It is not topical or inflammatory as they are but it is still a very real problem faced by some of the largest companies in the United States. Google, Ford Motor Company, and most recently The Los Angeles Times have all recently settled cases involving cases of age discrimination, (Gurcheik, 2019). In order to prevent costly court cases HR managers must to be able identify behaviors and address them before they become a problem or worse part of the culture of a company.

The Los Angeles Times

The case against The Times stemmed from an employee who had been with The Times for 22 years when he was demoted following health problems. This case went to a jury trial who ruled in favor of a sports columnist who was demoted to writer after he developed health problems. Attorneys for the plaintiff estimated that with interest the award will be $22 million, (Gurcheik, 2019).

The Law

The Age Discrimination in Employment Act of 1967, ADEA, prohibits discrimination based on age in relation to hiring, discharge, promotion, compensation, terms, conditions, and privileges of employment to certain applicants and employees who are 40 years or older, (“U.S. Department Of Labor”, n.d.). Also included under this act is the prohibition of harassment of persons over the age of 40 in the workplace. This can include comments and jokes. While it does not mean that all jokes, comments or off hand remarks are prohibited but when it results in a hostile environment it becomes illegal. The harasser could be a coworker, supervisor, client or customer.

The Equal Employment Opportunity Commission, EEOC, enforces this law. As with any federal regulation there are volumes of procedures that companies must comply with to avoid illegal behaviors, (Govinfo.gov, n.d.). The “U.S. Equal Employment Opportunity Commission” (n.d.) website is a bit easier to understand stating that employers need to ensure that every policy or practice must apply to everyone equally regardless of age. It also specifics that if a negative impact is felt by applicants or employees over the age of 40 it can be illegal if the impact cannot not be determined that it was based on a reasonable factor other than age, (“U.S. Equal Employment Opportunity Commission”, n.d.). The EEOC is the agency that helps both applicants and employees who think they have been adversely effected in violation of the ADEA. It is only though knowledge and training that a company can avoid getting into legal trouble under this law.

Identifying Gaps and How to Avoid Them

The EEOC requires notices regarding discrimination be posted in the workplace. The Times, probably these posters in the employee breakrooms like every company have worked for. HR also outlines what compliance with these laws outlined in the employee handbook. While this covers the legally required elements it does not highlight what age discrimination looks like to HR managers, hiring supervisors, and employees. In some cases a person may not realize they have experienced discrimination if they are not educated about the law.

Education about this particular is more than just posters and a few paragraphs in an employee handbook. Active and ongoing training on avoiding all forms of discrimination should be done on at least an annual basis. Many companies utilize computer based training rather than an in person classroom based format. Not all employees are comfortable with computer based programs so an effective HR manager needs to be in touch with both the training preferences and needs of their employees. There are many programs a company can purchase, consultants they can hire, and training materials they can distribute. It is also important to model the desired behaviors and make sure non-discrimination becomes part of the company culture.

Conclusion

Today’s society is full of groups who are claiming protection from discrimination. Age discrimination has become much more real for me as I have become a worker over the age of 40. I have discovered that interviews are harder to get when the application requires dates of events such as graduation of college or awards that expose the age range of an applicant. I brought that up to Coca Cola United when I applied there a few years ago. I got the job and ended up working with their HR departments to revamp their application process to remove those dates from the application and as a result they hired more new employees that were older than they had in the past. They were willing to make changes to their process to avoid the appearance of discrimination which is a valuable asset in an HR team.

References

Govinfo.gov(n.d.). Retrieved from https://www.govinfo.gov/content/pkg/CFR-2004-title29-vol4/pdf/CFR-2004-title29-vol4-part1626.pdf

Gurcheik, K. (2019). SHRM. Retrieved from https://www.shrm.org/resourcesandtools/hr-topics/behavioral-competencies/global-and-cultural-effectiveness/pages/la-times-to-pay-154-million-in-age-discrimination-case-.aspx

U.S. Equal Employment Opportunity Commission (n.d.). Retrieved from https://www.eeoc.gov/laws/types/age.cfm

U.S. Department of Labor(n.d.). Retrieved from https://www.dol.gov/general/topic/discrimination/agedisc