PROTECT OLDER WORKERS UNDER "AFFIRMATIVE ACTION" LAW.
FYI ---- Older workers assume they are protected from age discrimination by law. In principle that is true. In practice it is a myth and here is why that is true. Older workers are defenseless under the law as it presently stands.
Age discrimination laws come into effect when you are over 40 but from a legal standpoint you have little chance to win an age discrimination suit. For one the "plaintiff" has to prove a patter of discrimination and usually hire a lawyer. Secondly, even if the older worker wins, the penalties for age discrimination are not worth it to any lawyer willing to take on such a case.
The other way to pursue such a lawsuit if a "class action" in which a large number of plaintiffs are part of the suit. And those cases can drag on for years. And with the present Supreme Court class action suits are frowned upon in principle.
The EEOC is not likely to file such suits because it has been watered down by the GOP with appointments within the agency that are friendly to business interests.
The the BIGGEST reason age discrimination is hard to win is because THE EMPLOYER HOLDS ALL THE PERSONNEL RECORDS THAT ARE CONFIDENTIAL THAT ARE NEEDED TO PROVE A PATTERN OF DISCRIMINATION. Courts do no issue injunctions to require revelation of records.
PUTTING AGE DISCRIMINATION UNDER "AFFIRMATIVE ACTION LAWS" IS THE ONLY WAY TO GET IT TREATED AS OTHER CLASSES UNDER THE LAW LIKE RACE, RELIGION OR SEX.
HERE IS WHY BUSINESS AND THE GOP IS AFTER THE LAW ----
Under the "Affirmative Action Law" the business must provide its records to the federal government or court system. If an employer is FOUND GUILTY of a pattern of discrimination they are required by FEDERAL COURT ORDER to correct the situation. A federal overseer is appointed to monitor their compliance and they are FORCED TO HIRE PEOPLE THAT CORRECT THE PROBLEM. And in the case of age discrimination they are penalized severely for any infraction.
The reason I know about this legal structure is that I would get calls or visits from personnel people where companies were ordered to hire certain "protected classes" because they broke the Affirmative Action law. The had a FED monitoring their hiring practices and could be found in contempt of a federal court order if they did NOT comply.
Protecting older workers under Affirmative Action would give employers much more pause in firing these workers if they knew the FEDS would force them to take workers back and it would make it more likely for older workers to get the pensions back if they were let go to save money that way.