Monique Morrissey, an economist with the Economic Policy Institute, also pointed out that people are living longer, and that most US jobs no longer require heavy physical labor. But she also noted that people who are able to work into their 60s and beyond tend to be college-educated, with more options professionally, such as consulting or entrepreneurship.
According to the US Equal Employment Opportunity Commission, charges of age discrimination have risen steadily since the turn of the century, from about 16,000 in 2000 to close to 21,000 in 2014. The numbers spiked to a high of nearly 25,000 in 2008, in the depths of the recession.
But Laurie McCann, a senior attorney with the AARP, said "the number of charges filed with the EEOC is just the tip of the iceberg." Most employers, according to McCann, "are smart enough not to make any sort of comment against the person's age, which would provide the smoking gun piece of evidence. So often, it's really not worth filing a job discrimination claim."
Furthermore, US Supreme Court rulings since 2000 have made it more difficult for workers to win age discrimination cases. In 2000, the high court ruled that older workers may not sue state agencies for monetary damages in age discrimination cases. And in 2009, the court ruled that workers bear the full burden of proving that age was the deciding factor in their dismissal or demotion. Previously, an employer had to prove that it had a legitimate reason for its action apart from age.
A Gut Feeling
Employers who are reluctant to hire older workers may perceive that they lack up-to-date skills, will demand too high a salary or will be too expensive to insure, among other reasons.
"There are certain industries like technology and journalism that have a reputation for being resistant to hiring older workers, where they maintain a culture that favors youth," said Paula Brantner, executive director of Workplace Fairness, a nonprofit that provides free information on employment rights and workplace issues.
But proving that an employer practiced age discrimination against a prospective employee is even more difficult than proving that it discriminated against a current one.
“Unless the older person knows who was hired and can compare their qualifications, then all they have is a hunch and a gut feeling.” McCann said.
Marshall has "gotten paranoid,”"she says. "That my resume has been singled out and stamped as 'OLD' and I will never get another chance at anything again." But she never considered filing an age discrimination claim against her would-be employers.
"It’s too hard to prove," she said. "It always seems that companies leave just enough older people in place to at least make it appear they are not being discriminating."
Once she sells her house, and downsizes to a much smaller home, Marshall plans to wipe out her remaining debts and look for a part-time job. Now that she’s on Medicaid, she said, she hopes to be a more attractive prospect to employers.
"Rumor has it that lots of companies will pay 'over 50s' good pay for experience — as long as they are not full-time and eligible for health insurance.”
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