EEOC & AARP: The Willfully Blind leading the Willfully Blind?

You can’t make this stuff up.

The EEOC has announced that age discrimination will be a “special focus” of its major annual “training event” for employers  later this month to mark the 50th anniversary of enactment of the Age Discrimination in Employment Act (ADEA).

The invited guest speaker is Jo Ann Jenkins, the CEO of the AARP, an organization that has done virtually nothing in 50 years to address the fundamental legal inequality of older workers in the United States and for years has accorded mere lip service  to the epidemic of age discrimination in employment that began during the Great Recession.

Of course, the EEOC under Democratic President Barack Obama’s administration also did virtually nothing about the problem of age discrimination in employment. The EEOC last year filed exactly two lawsuits with age discrimination claims, despite receiving more than 20,000 complaints of age discrimination. The EEOC today arguably does more to protect employers from the consequences of illegal age discrimination than it does to protect older workers from illegal age discrimination. It remains to be seen whether GOP President Donald Trump and EEOC Acting Chair Victoria A.  Lipnic will choose do any better.

The EEOC press release states the CEO of the AARP and the EEOC Acting Chair  will engage in a “candid conversation about age discrimination.”   Maybe they could start by explaining why both organizations have completely ignored the problem for decades.

I respectfully suggest  Jenkins and Lipnic obtain a copy of my groundbreaking book, Betrayed: The Legalization of Age Discrimination in the Workplace, which candidly describes the epic failure of the federal government protect older workers from irrational and devastating age discrimination in employment. Up to now, both the EEOC and the AARP have  completely ignored the book, which received an excellent review from The ABA Commission on Law and Aging.

Compared to Title VII of the Civil Rights Act of 1964, the ADEA was weak when it was adopted in 1967 and it  was subsequently eviscerated by the U.S. Supreme Court. Meanwhile, Congress has fiddled. Title VII prohibits discrimination on the basis of race, sex, gender, religion, national origin and color. Unlike Title VII, the ADEA permits “reasonable” age discrimination and provides  minimal damages. One federal circuit court has even ruled that job applicants have no protection from blatant age discrimination in hiring  under the ADEA.

According to the EEOC: “Jenkins has been described as a visionary ‘thought leader’ and a catalyst for breakthrough results at the nation’s largest social welfare organization with nearly 38 million members.”  Well, I suppose you  gotta give her credit for boosting AARP revenues. The AARP is literally making billions from the sale of health insurance to seniors, not to mention internet service, cruises, eyeglasses, dining deals, investment plans, smartphones, etc.

The  EXCEL (Examining Conflicts in Employment Laws) conference will be held in Chicago on June 27-29. The EEOC states it will provide “the employer community”  with tools and strategies to address emerging issues in equal employment opportunity.

The conference, described as the agency’s primary annual event, is geared toward EEO managers, supervisors, practitioners, HR professionals, attorneys, ADR specialists and other interested parties in both the federal and private sectors.

AARP extols beach movies; Silent about discrimination

The AARP has been completely silent about the Obama administration’s recent endorsement of blatant age discrimination in employment by Starbucks, Walmart and Microsoft,  not to mention the hiring program operated by the federal government that blatantly discriminates against older workers.

So what does concern the AARP, which has 37 million members aged 50 and above and describes itself as the leading advocacy group for older Americans?

A Google search on Wednesday for “AARP” led to  AARP.org  (a.k.a. ‘AARP – Health, Travel Deals, Baby Boomers, Over 50, Online Games, Retirement Plans).  The AARP’s main web page today is focused on beach-themed movies and editorial copy that appears to lead to various AARP-branded commercial services that sell products related to caregiving, internet use, etc.

Yes, the AARP is trumpeting  beach movies:  “To mark the 50th anniversary of the Annette Funicello and Frankie Avalon classic Beach Blanket Bingo, we take a look at 10 other beach movies that have a lot more to offer than surfboards and bongos.”

Wouldn’t it be nice if the AARP was about more than surfboards and bongos?

Beach

AARP Profits While Older Workers Struggle

If only business was as good to America’s struggling older workers as it is for the AARP.

In 2010, the AARP had assets totaled $2,546,636,000. According to its 2013 Financial Report, the AARP’s assets had grown to $3,026,971,000 in 2012 and $3,393,94,000 in 2013.  By 2014,  the AARP’s  assets totaled $3,585,853,000.

That’s an 40.8 percent rise since 2010.

Meanwhile, a recent AARP survey showed that half of the people ages 45 to 70 who experienced unemployment during the past five years are not currently working. Fifty percent of survey respondents reported they were either unemployed or had dropped out of the labor force. Among those who had become reemployed, nearly half said they were earning less than in their previous jobs.

In my book, Betrayed: The Legalization of Age Discrimination in the Workplace, I show indisputably that older workers are suffering from unaddressed and epidemic age discrimination. The Age Discrimination in Employment Act of 1967 was weak to begin with and has been eviscerated by the U.S. Supreme Court. Older workers have far less protection than their counterparts under Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, sex, religion and national origin.  My attempts to interest the AARP in working to ensure that older workers obtain equal justice under the law have met a solid wall of disinterest. This, despite the fact that age discrimination in the workplace denies millions of older Americans the right to work and dooms them to poverty or near poverty in their old age.

The AARP calls itself the leading advocate for Americans aged 50 and older. But the AARP also sells the most popular “Medigap” plans in the United States, AARP Medicare Supplement Health Insurance Plans, as well as a huge array of travel services, high tech products and … you name it.

 The AARP’s for-profit enterprise, AARP Services, Inc., is  essentially marketing access generated by its non-profit entity, the AARP Foundation, to 37 million of America’s oldest consumers.

Is it really too much to ask the AARP to use some of its riches to do more than just take surveys  – to act to insure that older workers are treated equally under the law, and not subjected to bogus restructurings and downsizings, chronic unemployment and poverty in old age?  Fifty years of inequality is enough.

The AARP: Surveys but no Solutions

The AARP has been conducting surveys for years showing the existence of epidemic age discrimination in the American workplace and it released yet another one on Monday.

But the AARP seems unwilling to take a position on why the problem of unemployment and under-employment exists for older workers and what to do about it. Although the AARP markets itself as the nation’s leading advocate for Americans age 50 and older, it’s advocacy on this issue has been virtually non-existent. One can’t help but wonder if the AARP’s reticence reflects greater concern for its $3 billion a year profit-making enterprise selling health and travel insurance to retirees than the plight of older workers.

In my recent book, Betrayed: The Legalization of Age Discrimination in the Workplace, I indisputably show that older workers have virtually no protection against age discrimination in the workplace. This is a problem that has been getting worse for fifty years. The Age Discrimination in Employment Act of 1967 was weak to begin with and has been eviscerated by the U.S. Supreme Court.  I propose repealing the ADEA and making age a protected class under Title VII of the Civil Rights Act of 1964 to insure that older workers receive the same level of protection as workers who are subject to illegal discrimination on the basis of race, sex, national origin and religion. All employment discrimination is based on irrational animus and unfounded stereotypes. There is absolutely no justification for treating older workers differently and, in fact, it is completely contrary to the bedrock principle of U.S. Constitutional that insures all Americans receive equal justice under the law.

Why isn’t the AARP lobbying Congress to provide equal justice for older workers? The AARP surveys generate a lot of wonderful free publicity for the AARP, which makes it appear that the AARP is actually doing something. But the reality is that no one is doing anything about the problem of age discrimination in the workplace, which reached crisis proportions during the Great Recession and is still wreaking havoc on older workers lives. Even the White House Conference on Aging refuses to acknowledge the issue, preferring instead to partner with t he AARP to address “healthy aging.”

For the record, the AARP’s latest survey released Monday shows that half of older workers who experienced unemployment in the last five years are not working: 38% reported they were unemployed and 12% had dropped out of the labor force.

Other findings in the AARP survey are:

  •  Half of Those Who Found Jobs Earn Less: 48% of the reemployed said that they were earning less on their current job than the job they had before they most recently become unemployed. Among the reemployed, half were earning less because they were being paid less, 10% were working fewer hours, and 39% gave both as reasons.
  • Many Settle for Part-Time Work: 41% of those who experienced long-term unemployment are working in part-time jobs.
  • Half Work in a New Occupation: 53% had an occupation different from the one they had prior to becoming unemployed. By way of comparison 63% of the long-term unemployed had a job in a different occupation, while 46% of the short-term unemployed were in a different occupation.
  • Training May Help: 25% of the respondents who landed jobs and participated in training or education programs in the previous five years said it helped a great deal in finding a job.

What else is new?

The survey consisted of polling 2,492 individuals between the ages of 45 to 50 between July and October of 2014.  All of the participants had been unemployed at some time during the past five years  The respondents were part of a randomly selected online panel