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39
"In the next decade," says Leonard S. Janofsky, president of the
American Bar Assn., "the age act (ADEA) will be the source of a great per-
centage of employment discrimination litigation, perhaps even eclipsing
Title VII (which covers race and sex)." Since July, 1979, the EEOC has re-
corded 8,000 complaints, nearly double the number of the previous year.
The number of age bias suits filed by individuals is believed to be up,
although the 1979 figure is unavailable because the EEOC does not record
private suits. In 1978, when the Labor Dept. kept track, more than 400 pri-
vate suits were filed, many of them by executives with enough savings to
wait out such litigation.
Special obligation.
"Age discrimination is not only widespread but it is widely accepted
by many Americans who have rejected discrimination based on race and
sex," EEOC Chair Eleanor Holmes Norton told the House Select Commit-
tee on Aging last month. Because of this attitude, the EEOC feels a special
obligation to move aggressively on these cases, Norton said. She explained
that the agency aims to demonstrate to employers their intention to actively
enforce the law.
U.S. demographics suggest that the agency's attorneys will have
plenty to do. By 1985, 36% of the labor force will be more than 40 years of
age. Meanwhile, members of the postwar baby boom – many of them now
adults in middle-management ranks – will be pushing for the higher-level
jobs held by executives in their late 40s and 50s. "As talent becomes more
plentiful and there's a real need for upward mobility, companies will say
that the easiest way to accomplish it will be to retire older managers," says
Dilworth F. Brown, senior vice-president of Meidinger Inc., a consulting
firm based in Louisville.
"We're suggesting to corporations that they must use a due-process
approach," says H. Reeve Darling, president of Los Angeles Consulting
Group. "They've got to be able to demonstrate measurable differences in
performance, and employees must be reviewed at several levels." Darling
adds that "right now, there is probably not a company in this country that
has an adequate and effective appraisal program in place."
Self-protection.
Likewise, the former employees' attorneys are also providing advice
for endangered executives. "They should be aware of the law and the
signs," says one. "A sophisticated employer who wants to get rid of an
40
older, too-highly paid executive nowadays is going to do it in a subtle way
over a period of time by building up a dossier on little ways he screwed up.
If the executive senses he is getting out of favor, he should start building his
own dossier, keep notes and copies of commendations, and, most of all, do
a good job."
Because the ADEA has a six-month deadline for filing a claim of
age discrimination – although in states with their own age bias agencies, the
deadline is extended to 300 days – employees who feel that age was the
sole reason for their discharge should move fast, advises Donnelly.
Some companies give a discharged older employee six months' pay
"so that the man will forget about filing an age discrimination claim until
after the 180 days are up," Donnelly says. Similarly, he cautions, the hiring
of counselors to help discharged white-collar workers find new employ-
ment may be designed mainly to use up the six-month filing period.
In addition to federal suits, state courts have helped the older employee
who feels that his dismissal is because of his age. In Michigan, the state Su-
preme Court ruled that both Masco Corp. and Blue Cross & Blue Shield of
Michigan had entered into an implied agreement with their employees by
emphasizing pension plans and job security in their recruiting material; there-
fore, the court said, the organizations must show "just cause" before depriv-
ing an employee of those benefits. This marks a change in the traditional doc-
trine that nonunion white-collar workers can be fired at will. "The company
is selling itself, too, when it hires people," Donnelly says. "What those rulings
say is that a company must be bound by the promises it makes."
Words to study
.
Bias: prejudice, unfair and negative opinion of something
Discrimination: unfair treatment (the result of bias).
Dynamic: active, energetic.
Actuarial: statistical, pertaining to the study of rates of occurrence of
events.
Retirement: permanent ending of employment (usually because of age).
Perceived: sensed, having gained an awareness of.
Pension: regular payment made to someone old, disabled, widowed, or to
an employee after long service.
Liabilities: debts, financial responsibilities.
Achievers: persons who accomplish something, especially something diffi-
cult.
Tempting: creating a desire.
"In the next decade," says Leonard S. Janofsky, president of the older, too-highly paid executive nowadays is going to do it in a subtle way American Bar Assn., "the age act (ADEA) will be the source of a great per- over a period of time by building up a dossier on little ways he screwed up. centage of employment discrimination litigation, perhaps even eclipsing If the executive senses he is getting out of favor, he should start building his Title VII (which covers race and sex)." Since July, 1979, the EEOC has re- own dossier, keep notes and copies of commendations, and, most of all, do corded 8,000 complaints, nearly double the number of the previous year. a good job." The number of age bias suits filed by individuals is believed to be up, Because the ADEA has a six-month deadline for filing a claim of although the 1979 figure is unavailable because the EEOC does not record age discrimination – although in states with their own age bias agencies, the private suits. In 1978, when the Labor Dept. kept track, more than 400 pri- deadline is extended to 300 days – employees who feel that age was the vate suits were filed, many of them by executives with enough savings to sole reason for their discharge should move fast, advises Donnelly. wait out such litigation. Some companies give a discharged older employee six months' pay "so that the man will forget about filing an age discrimination claim until Special obligation. after the 180 days are up," Donnelly says. Similarly, he cautions, the hiring "Age discrimination is not only widespread but it is widely accepted of counselors to help discharged white-collar workers find new employ- by many Americans who have rejected discrimination based on race and ment may be designed mainly to use up the six-month filing period. sex," EEOC Chair Eleanor Holmes Norton told the House Select Commit- In addition to federal suits, state courts have helped the older employee tee on Aging last month. Because of this attitude, the EEOC feels a special who feels that his dismissal is because of his age. In Michigan, the state Su- obligation to move aggressively on these cases, Norton said. She explained preme Court ruled that both Masco Corp. and Blue Cross & Blue Shield of that the agency aims to demonstrate to employers their intention to actively Michigan had entered into an implied agreement with their employees by enforce the law. emphasizing pension plans and job security in their recruiting material; there- U.S. demographics suggest that the agency's attorneys will have fore, the court said, the organizations must show "just cause" before depriv- plenty to do. By 1985, 36% of the labor force will be more than 40 years of ing an employee of those benefits. This marks a change in the traditional doc- age. Meanwhile, members of the postwar baby boom – many of them now trine that nonunion white-collar workers can be fired at will. "The company adults in middle-management ranks – will be pushing for the higher-level is selling itself, too, when it hires people," Donnelly says. "What those rulings jobs held by executives in their late 40s and 50s. "As talent becomes more say is that a company must be bound by the promises it makes." plentiful and there's a real need for upward mobility, companies will say that the easiest way to accomplish it will be to retire older managers," says Words to study. Dilworth F. Brown, senior vice-president of Meidinger Inc., a consulting Bias: prejudice, unfair and negative opinion of something firm based in Louisville. Discrimination: unfair treatment (the result of bias). "We're suggesting to corporations that they must use a due-process Dynamic: active, energetic. approach," says H. Reeve Darling, president of Los Angeles Consulting Actuarial: statistical, pertaining to the study of rates of occurrence of Group. "They've got to be able to demonstrate measurable differences in events. performance, and employees must be reviewed at several levels." Darling Retirement: permanent ending of employment (usually because of age). adds that "right now, there is probably not a company in this country that Perceived: sensed, having gained an awareness of. has an adequate and effective appraisal program in place." Pension: regular payment made to someone old, disabled, widowed, or to an employee after long service. Self-protection. Liabilities: debts, financial responsibilities. Likewise, the former employees' attorneys are also providing advice Achievers: persons who accomplish something, especially something diffi- for endangered executives. "They should be aware of the law and the cult. signs," says one. "A sophisticated employer who wants to get rid of an Tempting: creating a desire. 39 40
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