AGE DISCRIMINATION IN MICHIGAN

Age discrimination is common. It cuts across cultures, races, ethnicities, genders, sexual orientations, and socio-economic groups. It’s so common that you’ll even see evidence of it – if you look closely – in job advertisements. Not only is this wrong. It is against the law. 

Let's take a closer look at age discrimination and how it shows up in the workplace.

Age discrimination involves treating an applicant or employee less favorably because of their age. The Age Discrimination in Employment Act (ADEA), which applies to employers with twenty or more employees, forbids age discrimination against people aged 40 or older. Under Michigan’s Elliott Larsen Civil Rights Act, age discrimination has no minimum age. This means that age discrimination against younger employees is illegal for Michigan employers as well. But as an employment attorney, I can tell you that it is not those in their twenties and thirties attempting to disguise their age on their resume. Nor are they the ones who come into my office – after being terminated – concerned that they will never again be hired. This is because most employees understand that when a company is seeking to hire an “energetic,” “bright,” and “motivated” employee seeking a “growth opportunity,” this is code for recruiting and only hiring young talent. Perhaps it should be no surprise that layoffs and terminations disproportionately impacted older employees during the COVID-19 pandemic. 

While there is nothing wrong with seeking talented new employees (or celebrating those who have accomplished so much before the age of forty), employers must be careful to avoid age discrimination. It sounds easier than it is. In reality, discriminatory attitudes based on age are so embedded in our culture that they have become socially acceptable. For example, stereotypes about baby boomers being bad with technology and unadaptable are generally accepted (even though evidence shows that baby boomers tend to be highly adaptable and innovative). Insults like “Ok boomer,” which reveal a generational contempt, have gone so mainstream that they can only be described as viral. But in the employment context, this is problematic. Not only do negative stereotypes and views create liability, but they also hurt a company’s productivity, recruitment, and retention. 

So what should Michigan employers do to ensure that they counteract age discrimination? Here are a few things to keep in mind. 

Recognize a Multigenerational Workforce is a Competitive Advantage

A multigenerational workforce is a competitive advantage. Studies have shown that multi-generational workforces are generally more productive. In addition, with a broad range of ages, a company will have a wider range of experiences, connections, and knowledge. A multi-generational workforce will also mean a broader social and business network for your company. In other words, your business can fish in more parts of the pond, which can mean a bigger market share.  

Avoid Unconscious Biases 

Statistically, there are some overarching differences between generations. But a fixation with generational labels may cloud our judgment and create confirmation bias for worn stereotypes. Research has proven that most employees, regardless of generation, seek the same things: respect, camaraderie, meaning, and flexibility. So don’t overestimate the differences between those of different generations. A multigenerational workforce is compatible with a productive, cohesive, collaborative workforce.  Unconscious biases, usually in the form of generational stereotypes, can have a negative impact and lead employers to disregard qualified employees. 

Recruit All Ages

Employers should be aware of how recruiting practices can favor certain segments of the population. Aggressive recruitment of college students – while ignoring other potential candidates – has landed some companies in court. Further, if you list minimum GPA or SAT requirements in a job advertisement, this can be a signal to potential employees that you are only seeking a certain age range of employees. This can trigger potential liability.  Recruiting new college graduates is great. But don’t neglect other segments of the population with qualified candidates. 

Pick Your Words Carefully

Employers need to be careful about the words they use. This includes what terms are used in job advertisements. Key terms like “energetic” or “new graduates” can signal you are only interested in younger candidates. This is unacceptable. 

Employers should also be careful to avoid what courts refer to as “stray remarks.” Stray remarks – the legal equivalent of a Freudian slip – occur when an employer states something that evidences age discrimination, even if it is said in passing. 

For instance, rejecting an individual for hire or promotion while using terms like “sluggish,” “old,” “tired,” or not “energetic” to justify the decision could constitute the kind of stray remarks which could be taken as evidence of lightly veiled age discrimination. So be careful about the language you use. It could land you in court. 

Conclusion

In my workplace, I have been blessed to work with individuals aged 25-80. I cannot imagine missing out on the mentoring and counsel I have received from those colleagues. Do we have differences in how we understand, use, and value technology? Sure. But those differences are mostly superficial. In reality, regardless of age, most of us want the same things: purpose, flexibility, camaraderie, etc. The wonderful thing about working at a multi-generational workplace is it creates amazing opportunities for a cross-pollination of ideas between different generations. So do your best to celebrate those young employees who achieve great things. But don’t do so to neglect your older employees. If you see your multigenerational workforce as a competitive advantage, you’ll likely steer clear of age discrimination lawsuits and have a more productive workforce.