Editor’s picks
Latest news from around the world on mature workers for September 2020.
IBM faces another age-discrimination lawsuit in Austin
Allegation: Artificial intelligence used to ‘surreptitiously target older workers for termination”
Accusations the global technology behemoth has laid off older employees due to their ages have beset the company for years. Now, an Austin law firm is handling a case on behalf of 15 former employees. – Austin Business Journal (paywall), 29 September 2020
Gendered Ageism Is The New Sexism
I’ve seen time and time again how female sales professionals have had to prove that they’re every bit the professional that a man is. Now, it’s not just that they are a woman; it’s frequently that they are a woman of a “certain age.” But gendered ageism affects women of all ages. As reports of discriminatory ageism rise, women have a new battlefront to contend with, and if they’re ever going to match men dollar for dollar, it’s a battle they have to fight together. – Forbes, 28 September 2020
China’s population crisis: Beijing must address its falling births and ageing workforce
A crisis is looming for China. The country’s workforce is greying and its population will soon begin shrinking – if it is not already. This is set to create big problems for the world’s most populous country. – South China Morning Post, 28 September 2020
Passing of former Age Discrimination Commissioner Susan Ryan
The Australian Human Rights Commission is deeply saddened by the passing of one of Australia’s great champions for equality, former Age Discrimination and Disability Discrimination Commissioner, The Hon Susan Ryan AO. – Australian Human Rights Commission, 27 September 2020
Susan Ryan, former minister, age discrimination commissioner, dies aged 77
Susan Ryan, a trailblazing figure for women in politics who later served as Australia’s first age discrimination commissioner, has died aged 77. – ABC News, 27 September 2020
Deloitte told to justify bid to shut down age discrimination case (Australia)
The Federal Court has given consulting firm Deloitte until next Friday to provide further evidence to back up its attempt to knock out the bulk of an age discrimination case brought against the firm by partner Colin Brown.
The firm is trying to strike out large sections of the case, which challenges Deloitte’s alleged policy of retiring partners when they reach the age of 62, in a way that would stop any adverse judgment from applying to partners other than Mr Brown. – Australian Financial Review, 24 September 2020
Job Hunting? It’s Not Your Age It’s Something Else (USA)
Age discrimination is still alive and well in the hiring world. Not hearing back from an employer when you apply for a job is one of the most painful aspects of a professional job search, but it’s very much a reality during the crazy pandemic of 2020. Baby Boomers have to wonder, is it my age? Or is it something else? – Forbes, 22 September 2020
Pandemic Hitting Older Workers Harder
Throughout history, unemployment among youths aged 16 to 24 has always been the highest in an economic downturn, followed by prime-age workers (25 to 54), and finally older workers. Nevertheless, recent data in the United States (US) has shown a different pattern as the economic downturn has slammed young workers hard just as it has around the world, and even in Southeast Asia. The next most severely affected group in the US is older workers. The same pattern can also be seen in a few ASEAN member states. – The ASEAN Post, 22 September 2020
Menopause and work: guidance for employers in the UK
Women over the age of 50 are the fastest growing group in the workforce. As more employees go through the menopause during their working lives, employers need to be aware of the impact in the workplace. This article explains the practical and legal issues associated with the menopause and offers guidance on what employers can do to ensure they are managing this issue sensitively. – Lexology, 21 September 2020
Deloitte looks to knock out bulk of age discrimination case
Deloitte Australia is seeking to strike out large sections of the age discrimination case of partner Colin Brown in a way that would limit any findings to his specific circumstances rather than the firm’s broader policy around partner retirements. – Australian Financial Review, 21 September 2020
How Ruth Bader Ginsburg Challenged Ageism
We mourn the passing of Supreme Court Justice Ruth Bader Ginsburg who was a giant champion of equality and fairness and who fought stereotypes and discrimination. RBG was no stranger to stereotyping and discrimination, as she was often unfairly judged through labels such as woman, working mother, Jew, older adult, and older woman. RBG is fondly remembered for her immense accomplishments, including challenging age discrimination and becoming a role model who defied ageism and gendered ageism. – Psychology Today, 20 September 2020
Women to face a ‘more challenging retirement’ – what to do (UK)
Pension and pay gaps still, unfortunately, exist between men and women. The latest data from the Department for Work and Pensions (DWP) makes for bleak reading but a number of expert tips have been provided by Fidelity to help women even the playing field where they can. – Express, 20 September 2020
Boosting workplace diversity
Automation and increasing technology across the maritime industry are boosting workplace diversity, as the industry seeks to highlight its diverse offerings to a new generation. Industry leaders hope rising innovation and new training opportunities will engage a greater cross-section of jobseekers into the ageing, male-dominated workforce. – The Australian (paywall), 18 September 2020
Are Employers’ Facebook Recruiting Practices Exempt From Age Discrimination Laws? (USA)
Bradley et al v. T-Mobile US Inc. et al., a long-running lawsuit first filed in 2017, alleges that T-Mobile’s Facebook recruitment practices violated the Age Discrimination in Employment Act (ADEA). The nationwide, class action lawsuit also alleges violations of the California labour code and other state laws. But perhaps the most troubling questions concern Facebook’s role in facilitating age discrimination based on algorithms that permit employers to target specific age groups. – Lawyers and Settlements, 16 September 2020
KPMG leaders fight ageism outside the firm
Three KPMG leaders are board members on not-for-profit organisations that fight against age discrimination while the firm has a mandatory retirement age of 58 for partners. The two partners and executive director sit on the boards of the Diversity Council of Australia, which wants to ensure employer decisions are free from any form of discrimination, and the Benevolent Society, which is running an advocacy campaign called EveryAGE Counts, aimed at tackling ageism. – Australian Financial Review (paywall), 15 September 2020
Jobs hard to come by for Finland’s over-55s
Government’s aim of increasing employment among older workers will run into the reality that employers tend to overlook over-55-year-olds when they recruit new employees, according to labour market experts. – yle, 14 September 2020
Why do women appear to bear the brunt of ageism at work?
“As soon as women show any visible signs of ageing, they are viewed as not only less attractive, but less competent,” says 72-year-old Bonnie Marcus. The founder of Bonnie Marcus Leadership in Santa Barbara, California, she coaches women on how to advance their careers and hosts the podcast Badass Women at Any Age. She argues that as women get older, they face the double whammy of sexism and ageism. – BBC News, 13 September 2020
New case deals with South African employee who had their retirement age changed
South Africa’s labour courts recently dealt with the case of a South African employee who had their retirement age unilaterally changed and who was forced to retire when he turned 60. A finding of unfair discrimination on the grounds of age was made. – Business Tech, 12 September 2020
The U.S. Equal Employment Opportunity Commission confirms a pattern of age discrimination at IBM
A sweeping decision by the EEOC could cost the tech giant millions in settlements or make it the target of a federal age-discrimination lawsuit. – ProPublica, 11 September 2020
India: Population expected to enter “ageing” ranks by 2036
India is set to become an ageing nation by 2036 and the number of people seeking jobs will grow incrementally in the intervening period, a government report has said. – Asia Insurance Review, 11 September 2020
Could COVID help bring an end to ageism? (Australia)
Never before has HR had such a powerful opportunity to dramatically shift discriminatory mindsets as they have now. Even though COVID-19 has brought with it many challenges, Gately said it has also forced most employers to rethink how people work. – HR Director Magazine, 9 September 2020
The impact of the pandemic on older women (Australia)
The institutionalised inequality women suffer in the workforce throughout their working lives increases exponentially as they age. Pre-pandemic, those who were unemployed were finding themselves unable to find jobs and were effectively locked out of the workforce because of age discrimination. And those who did have work were struck particularly hard with COVID job losses. – Pro Bono Australia, 7 September 2020
ABC hit by Fair Work Action
Responding to the assertion that more senior women were being made redundant, the ABC said it had “not received any individual complaints about age discrimination in this process”. – HR Director, 3 September 2020
A flood of age discrimination lawsuits is expected from COVID-19 and the economic downturn (USA)
The novel coronavirus pandemic has raised unprecedented legal questions for U.S. employers and employees who are older than 40 or who have a medical disability. Labor and employment attorneys around the country say they are receiving a flood of complaints and questions about layoffs, firings and recalls to the workplace that involve potential discrimination against older and disabled workers. Many cases involve an overlap of age and disability bias claims. – American Bar Association Journal, 1 September 2020