by Terry Marsh

Created on: April 17, 2008

Growing older in the workplace is no longer what it used to be. Gone are the days when senior employees are respected for their knowledge and time of service. Years of company loyalty and contribution are currently being repaid with pink slips prior to pension eligibility, and these discriminatory practices are beginning with employees who haven't yet reached fifty.

The Age Discrimination in Employment Act was adopted in 1967 to protect individuals 40 years old and older from employment discrimination due to age. It applies to all federal, state and local governments, and any business with 20 or more employees. Yet, the Equal Employment Opportunity Commission received 19,103 age discrimination complaints in 2007, and recovered $66.8 million in benefits for those filing charges.

Reasons for age discrimination vary from employer to employer, but some industries seem to be more frequent offenders. Jobs that require tedious physical labor tend to favor younger employees, assuming that age is a factor in getting more work done in a shorter period of time. But some of the most high profile cases have been charged against media companies. In 1991, John Sheahan, a 23 year veteran at CBS, sued his former employer after being dismissed from his position as the Beijing bureau chief. Just 18 months from his 55th birthday, he would have become eligible for a full pension and lifetime medical benefits if allowed to complete his employment.

Some employers disguise terminations in the form of poor performance reviews. In broadcast media, it could be about ratings. Television news anchor, Marina Kolbe, filed suit against CNN when her contract wasn't renewed in 2003. An attorney for the 43 year old international "floating" anchor claims that his client was replaced by "spring chickens, young sexy people with much less experience than his client". A jury ruled against the former anchor in November, 2007, but Kolbe says that publicity from the suit has affected her employment opportunities. She currently works as a freelance producer and reporter for the Georgia Business Report.

One factor that seems to be a consistent thread for most employers is that terminating more mature employees basically comes down to the bottom line. The reality is that more seasoned employees cost companies more in both salaries and benefits. Few 22 year old college graduates command the same salary requirements as a 42 year old the same educational background and 20 years of experience. What's most unfortunate is that many older employees end up training their future replacements. This also benefits a company, as new employees experience a much shorter learning curve, gaining practical knowledge in a real world application.

The primary school of thought for many businesses is that times are changing, and that they must also change to remain competitive. The goal of every business is to be profitable. But, profiting at the expense of humanity may not necessarily put a company in the black. They may end up in a gray area, which may be a sore spot for employees.

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