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As return to office continues, age discrimination lands in the spotlight

April 2023 employment law letter
Authors: 
Tammy Binford

Age discrimination is as hard to prove as it is to avoid. The nagging worry among workers, especially those in their 50s and 60s, has intensified because of the turmoil in the workplace sparked by COVID-19. As the pandemic has eased, many people have begun looking for new employment opportunities, and that’s likely more challenging for older people since numerous studies show they tend to be out of work longer than their younger counterparts.

But jobseekers aren’t the only ones concerned about ageism: Employers also fear the thought of facing legal claims based on age. And statistics on claims as well as surveys gauging perceptions about older workers show both employers and employees have reason to worry.

Employee and employer perceptions

The American Association of Retired Persons (AARP) published research in January titled “Understanding a Changing Older Workforce: An Examination of Workers Ages 40-Plus.” The report looked at workers over the age of 40 in the U.S. in an effort to understand their reasons for working, their perceptions of job security, their treatment, their ideal work scenarios, and plans for retirement.

Among the conclusions in the report was a finding that job stability and competitive pay were important, but emotional well-being and benefits were also leading reasons older workers wanted to stay in a job. The research found that older workers are working so that they can maximize Social Security benefits, have health insurance, and save for retirement.

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