After COVID, help older workers

It is well known that COVID has disproportionately harmed the elderly. According to provisional Centers for Disease Control data from June 9, Americans 65 and older have accounted for about 80% of deaths, and those between 50 and 64 added another 15.7%. Unfortunately, this knowledge will feed negative stereotypes held by many employers about older employees, and likely lead to increased discrimination as we emerge from the pandemic. It is up to government to prevent and combat such discrimination.

Age discrimination is a major problem. An important annual study follows employees from the time they turn 50 years old. Detailed analysis of data has found that 56% are laid off at least once or leave jobs under such financially damaging circumstances that it’s likely they were pushed out. According to the New York State Division of Human Rights’s annual report for 2018-19, the most recent, age was cited in 28% of the complaints filed during that fiscal year.

Without question, significant age discrimination has occurred during the pandemic. Layoffs were frequently necessary, but many employers were led by their biases in choosing whom to eliminate. Certain well-meaning employers “protected” the health of older employees by laying them off or establishing rules without consulting them about their needs or reasonable accommodation preferences.

On a national scale, during the first six months of the pandemic, workers ages 55 and older were 17% more likely to lose their jobs than employees who were just a few years younger. Their percentage of the long-term unemployed easily outpaced the percentages found in younger groups as well. This disparity has persisted. The labor force participation rate, which encompasses those employed or still looking for a job, was down 4.8% from January 2020 to January 2021 for those 55 and older compared to 1.8% for those 35-54. This translates into 1.9 million jobs lost for older employees.

What should government do in the face of widespread age discrimination? Begin with strict enforcement of the anti-discrimination laws. This includes careful scrutiny of both firing and rehiring decisions. When fewer than 5% of EEOC lawsuits over the last five fiscal years involve age claims, the problem is not being taken sufficiently seriously.

Damages need to account for the particularly serious consequences that often result when an older employee is terminated. Especially during the lengthy post-pandemic recovery, a new job may never be found, or if one is found, it is often only at greatly reduced pay. Then, upon retirement, Social Security and pension payments may be below expectations, reducing quality of life, because planned years of additional employee contributions will never occur or because these sources of funds must be tapped sooner than anticipated due to financial need.

At the same time, on a positive note, government, with its substantial megaphone, should publicize examples of employers who value older employees, giving them opportunities, creatively utilizing them and treating them with respect, fairness and kindness. Columbia University’s Robert N. Butler Columbia Aging Center honored businesses and organizations until 2018 with the Age Smart Employer Awards. New York City can develop its own awards or join with the Aging Center if its awards resume. NYC should also strongly encourage companies to include age in their diversity and inclusion initiatives. A comprehensive international survey from 2015 found that only 8% did so.

Perhaps most importantly, government should strive to change hearts and minds. Myths and misconceptions about older employees must be debunked. Will employer health insurance costs be higher because of older employees? No, for the 97.5% of private New York State employers with fewer than 100 employees. Will older employees be absent more frequently? Federal statistics demonstrate this is not the case. Will older employees be more likely to leave the organization? No, in fact their turnover rate is substantially lower than for younger employees.

With respect to older worker productivity, “Every aspect of job performance gets better as we age” according to Peter Cappelli, a Wharton School of Business management professor who has examined the research.

Finally, advertising campaigns should emphasize the value of employing seniors. They can highlight great accomplishments achieved by famous people at advanced ages, such as Grandma Moses beginning to paint at 78, John Glenn heading into space at 77, and Col. Harland Sanders founding KFC in his 60s. They can point to current stars like Dr. Anthony Fauci (80), Warren Buffet (90), or Oprah Winfrey (67) to make the case for the continued vitality of older people. They can also pitch the benefits of experience, different viewpoints, institutional knowledge and a superior work ethic. Just as society is now reckoning with its failures in the treatment of Blacks and women, it must also reevaluate its prejudices against its elders.

Karlin is the senior attorney at the NYC Commission on Human Rights. Views expressed here are his own.