IEEE-USA

HIGH TECH WORKERS AND
 AGE DISCRIMINATION

Selected Reports and Articles on High-Tech Age Discrimination

"Companies may say they value older IT workers for their loyalty and knowledge, but there's definitely age discrimination, according to 41% of respondents to a Computerworld survey of 203 IT managers."

The Law on Age Discrimination

The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101-6107) prohibits age discrimination in programs receiving federal assistance.   The Department of Labor has placed the language of the statute on-line at http://www.dol.gov/dol/oasam/public/regs/statutes/age_act.htm.    For summaries of recent legal cases brought alleging age discrimination in violation of the ADEA, see:

Each state may also have applicable laws regarding age-based discrimination.

The Problem of Severance Agreements and Age Discrimination Waivers

Older employees caught up in company down-sizings are often offered attractive severance benefits, but only on the condition that they sign an agreement waiving their rights to bring a case against the employer alleging age discrimination or other prohibited behavior.  In some cases, high pressure tactics may be used to encourage the employee to sign now or lose their severance.   In 1990, Congress amended the Age Discrimination In Employment Act (ADEA) to permit early retirement plans and incentives to encourage early retirement. In addition, the amendment spells out requirements for waivers/releases of age discrimination claims upon termination. Under the amendment, entitled the Older Workers' Benefit Protection Act (OWBPA), waivers must be in writing and must contain the following:

  1. Must refer to waiver of claims specifically arising under ADEA;
  2. Must state that rights or claims that may arise after the date on which the waiver is executed are not covered;
  3. Must advise the employee to consult with an attorney before signing;
  4. Must give the employee at least 21 days within which to decide whether or not to sign;
  5. Must give the employee seven days from the date of execution to revoke the waiver.

Source: http://www.collierlaw.com/ADC.html

One question that has arisen in the courts is whether an individual has to return the employee severance payment before being able to challenge the adequacy of the waiver for failure to satisfy the OWBPA criteria above.  After conflicting judgments were reached in various federal courts, the U.S. Supreme Court put this issue to rest in the case of  Oubre v. Energy Operations, Inc.  According to the Supreme Court, if the written termination agreement does not comply with the OWBPA conditions, then the employee maintains the right to sue for age discrimination under the ADEA, whether or not they accepted severance pay.  Moreover, the employee is not required to  return the severance pay before an age discrimination case can be brought.

Source: http://www.cushnerbloom.com/age2.html

Pursuing Remedies

If you feel that you have been improperly discriminated with on the basis of age, then your first step is to collect the facts.  Then consult with your local Equal Employment Opportunity Commission office to see if it is appropriate to file a charge and/or consult with an attorney who can advise you of your legal options.  The American Bar Association provides links to regional lawyer referral services.  The National Employee Rights Institute may also be able to help you explore your legal options.

IEEE Resources on Age Discrimination

IEEE-USA position statement on Early Retirement Incentive Programs, developed by the IEEE-USA Engineering Employment Benefits Committee, outlines recommendations for structuring such programs to minimize the potential for age discrimination or other abuses.

Section 7.17 of the IEEE Policies and Procedures provides

The IEEE, consistent with the purposes articulated in Article I of the IEEE Constitution, is committed to the realization and maintenance of an employment environment in which engineers may have full and productive careers free of jeopardy from age discrimination practices.

Just as it is IEEE's policy to help and to encourage its members to develop professionally through their own initiative, so it is also IEEE policy to encourage the passage of appropriate legislation, the elimination of discriminatory practices among employers of engineers, the adoption by employers of programs designed to maintain the productivity of engineers in their employ, and to encourage employers to examine their practices to ensure that they are not age discriminatory.

In pursuit of this policy, the IEEE shall use its resources in such ways as are deemed appropriate, including, but not limited to, compiling a list of laws relevant to age discrimination which it would publish and/or furnish to engineers upon request.

Unemployment and Older Workers

In its efforts to assist unemployed US members of IEEE, the IEEE-USA Employment Assistance Committee has periodically polled all unemployed US members. The 1998 survey questionnaire was sent out to 1288 members on September 24, 1998.   Our analysis of the survey results provide an important look into the demographics of the unemployed and problems that members, and particularly older members, face in finding reemployment.

At the 1997 IEEE-USA Professional Awareness Conference, Don Herres delivered the following presentation on Career Equality that touches on age demographics in the IEEE membership and the problem of age discrimination.

Other Resources on Age Discrimination

The Equal Employment Opportunities Commission has a fact sheet on age discriminaton.
Source:  http://www.eeoc.gov/facts/age.html

The University of Illinois at Urbana-Champaign has compiled a bibliography of age discrimination books of general interest.
Source:  http://alexia.lis.uiuc.edu/~lis405/diversity/agelink.htm

National Senior Citizens Law Center as a number of resources on-line to help you understand the problem of age discrimination and your remedies if you feel that you have been discriminated against. 
Source:  http://www.nsclc.org/age.html.

The American Association for Retired Persons (AARP) has an obvious interest in age discrimination issues.   You can request AARP's Brochure on Age Discrimination on the Job (D12386), which is designed for use by employers and individuals to learn more about the Age Discrimination in Employment Act.   The brochure lists the Act’s provisions and gives examples of what does and does not constitute age discrimination. It includes addresses and phone numbers of resource agencies and state Equal Employment Opportunity Commission offices. You can order one free copy from AARP Fulfillment, 601 E Street, NW, Washington, DC 20049.  AARP also has published some information on-line. 
Source: http://www.aarp.org/working_options/age_discrimination.html

The National Media Owl Awards honors videos that spotlight various age-related issues.  Owl Awards have been given to two age discrimination training videos for employers:  Age "Discrimination: No Gray Areas" and "Downsizing in an Aging Work Force: The Law, the Limits and the Lessons".
Source:  http://www.owlawards.org/agediscrimination/agediscrimination.htm

Nolo Press has developed an on-line Age Discrimination FAQ.
Source: http://www.nolo.com/chunkemp/emp2.html

Law Journal Extra's article on "Age Discrimination Cases to Note" (1998) highlights recent legal trends.
Source: http://www.ljx.com/laboremployment/0601age.html

National Center for Policy Analysis has put Age Discrimination on its agenda.
Source:  http://www.public-policy.org/~ncpa/pd/law/emplaw/index2b.html

Prof. Norman Matloff has collected links specifically on age-discrimination issues.
Source:  http://heather.cs.ucdavis.edu/itaa.others.html

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Last Update: August 16, 1999
Staff Contact:   Vin O'Neill, v.oneill@ieee.org

Copyright © 1999 Institute of Electrical and Electronics Engineers, Inc.
Permission to copy granted for non-commercial purposes with appropriate attribution.