Support for American Workers is Hard to Find

Who will stand up for the rights of American workers?

GOP President Donald Trump and the GOP-led U.S. Congress seem to be determined to eliminate worker rights rather than to expand them. Trump has reversed a bevy of pro-labor measures that former Democratic President Barack Obama enacted on his own without Congressional backing. Meanwhile, workers continue to seethe about mostly Democratic trade policies that sent American jobs to other countries.

Labor unions are barely hanging on, despite the fact that unions pioneered many of the employment benefits that workers take for granted today. In 2016, the union rate for private sector workers was 6.4 percent – down from 20.1 percent in 1983.  Organized labor is currently battling a potentially crippling effort by Trump and the GOP to prevent unions from requiring nonmembers to pay representation fees.

It may be an understatement to say that advocacy of worker rights  does not appear to be high on the agendas of the Equal Employment Opportunity Commission and US. Department of Labor.

Under the Democratic administration of President Barack Obama,  the EEOC shifted its focus away from filing lawsuits and prosecuting employers who engaged in illegal discrimination. Instead, the EEOC is focused on providing free dispute resolution services to these very same employers. Mediation is often a lousy deal for discrimination victims, who walk away with a pittance to compensate for the loss of a decent job, but it’s always a great deal for employers, who avoid potentially catastrophic fees and damages stemming from a lawsuit.  Also, mediation is completely secret so other potential litigants are kept in the dark.  Meanwhile, the EEOC has for years ignored one of the most pressing civil rights issues of our day – blatant and epidemic age discrimination in hiring that is particularly devastating to older women, who suffer twice the poverty rate of men in their old age.  The EEOC received more than 20,000 age discrimination complaints in 2016; it  filed only TWO lawsuits with “age discrimination claims.”

The EEOC last month upheld an administrative ruling permitting a hiring officer to completely disregard objective qualifications and make hiring decisions based solely upon his subjective perception of  “cultural fit.”

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Read All About It! NPR Discovers Age Discrimination

A recent tweet from NPR’s reporter on aging, Ina Jaffe:

“Age discrimination is real.”

Isn’t it great that NPR has finally discovered that age discrimination is real?

I’m an attorney and former judge who wrote a book about age discrimination in 2014 called, Betrayed: The Legalization of Age Discrimination in the Workplace.  In it, I analyze, in great detail, the failings of the Age Discrimination in Employment Act of 1967. I show indisputably that older workers are second class citizens under federal law and thus vulnerable to age discrimination in employment. I also document the complete failure of all three branches of government to counteract the predictable and overwhelming wave of age discrimination against older workers during and since the Great Recession.

I sent a courtesy copy of the book to NPR, which ignored it (as it has the problem of age discrimination in employment generally).

Hallelujah, after all these years, NPR and Ina Jaffe acknowledge age discrimination in employment.

The problem with writing about age discrimination is that many media organizations ignore the topic because they don’t think older workers are important or cool.  Hence, a national radio network that claims to be a major news outlet has little interest in or understanding of a problem that condemns millions of older workers – mostly women – to poverty in their old age. [Read more…]

Economists Say Age Discrimination in Hiring Forces Cuts in Social Security

The Federal Reserve Bank of San Francisco issued an “Economic Letter” this week noting that “current policies” in place to combat age discrimination in hiring may not work, which is increasing the burden on U.S. Social Security and forcing policy-makers to find ways to limit benefits.

The authors, economists David Neumark and Ian Burn, from the University of California and Patrick Button of Tulane University, also say  research shows that age discrimination most adversely affects women who “end up quite poor” at the end of their lives.

The authors say older workers are being encouraged to work longer but can’t find jobs due to age discrimination.

“Population aging and the consequent increased financial burden on the U.S. Social Security system is driving new proposals for program reform. One major reform goal is to create stronger incentives for older individuals to stay in the workforce longer.  However, hiring discrimination against older workers creates demand-side barriers that limit the effectiveness of these supply side reforms,”  state the authors.

The authors say age discrimination in hiring is creating pressure on policy makers to reduce the age for Social Security benefits and to cut benefits. [Read more…]

The EEOC Veered Sharply Away from Litigation in 2016

In 2016, the EEOC filed 34% fewer lawsuits than it filed in 2015, and there were drastic declines in some areas, notably an 85.7% decline in age discrimination lawsuits.

This is not good news for victims of discrimination in employment. Without the gravity and resources of the EEOC behind them, many individual discrimination victims are puny “Davids” facing international corporate “Goliaths.”

It appears the steep litigation decline – from 174 lawsuits in 2015 to 114 in 2016 –  is the result of the EEOC’s new emphasis on resolving individual complaints through voluntary mediation. However, mediation is a far better deal for employers than workers. For employers, mediation is a form of free dispute resolution that gets the EEOC off their back and eliminates the risk of massive damages and fees in a jury trial. For workers, mediation generally results in a modest financial settlement at best.

Many workers, especially those without counsel, do not fully understand their rights and the employer’s potential liability, or they cannot realistically fight for their rights because they have no money to wage a protracted court battle.

Mediation is a far better deal for discriminatory employers than it is for discrimination victims.

Here are the types and number of lawsuits filed by the EEOC in 2016 compared to 2015 and the percentage increase/decrease.

  • Age Discrimination in Employment Act of 1967; Two lawsuits in 2016, compared to 14 in 2015 (a decrease of 85.7%).
  • Title VII of the Civil Rights Act  of 1964 (race, sex, religion, color and national origin): 46 lawsuits in 2016 compared to 83 in 2015 (a decrease of 44.5%).
  • Americans with Disability Act: 36 lawsuits in 2016 compared to 53 in 2015 (a decrease of 32%).
  • Equal Pay Act: Five lawsuits in 2016 compared to 7 in 2015 (a decrease of 28%).
  • Genetic Information Non-Discrimination  Act  Two lawsuits in 2016 compared to one in 2015 (an increase of 50%).

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