stated: “To reap the benefits of a productive age-diverse workforce, organizations need to move beyond outdated and limiting beliefs about older workers.” Any human resources professional who fails to upgrade their employer’s Diversity and Inclusion Program to include ending ageism will not only miss the opportunity to hire the “best” person for every job but will also risk their employer having to pay the high cost of being found guilty of age discrimination in hiring. Ending Age Discrimination in Hiring and The Role of the Courageous Human Resources Professional The main way to end discrimination in hiring is to enforce our laws prohibiting discrimination in employment based on age. The First Enforcer for all of our employment discrimination laws is not, as many assume, our state and federal employment discrimination agencies. Neither is it Plaintiff employment lawyers, like me.. The First Enforcer is the competent and courageous human resources professional working on the front lines of the hiring process at a public or private employer. That human resources professional must never forget that his or her duty is to the enterprise, not to the individual managers or executives who may want to engage in unlawful discrimination. They must have the courage to tell those individuals they cannot engage in such discrimination. If that human resources professional fails to do so, then discrimination may raise its ugly heads during the hiring process. By showing such courage, not only will the time and major expenses that come with discrimination lawsuits be avoided, but the human resources professional will be ensuring that the enterprise is hiring the “best” person for a job. Admittedly, showing such courage carries a risk. While I call myself the Working Boomer Advocate because I am mainly focused on being an advocate for victims of age discrimination, sometimes I have to call myself the Human Resources Professional
Advocate. One such case I handled a few years ago was for the Human Resources Manager of a trucking company who had been directed by the company’s Vice President not to hire any drivers over age fifty because she believed they were more likely than younger drivers to miss work due to health problems. Knowing that to follow such a directive would constitute unlawful age discrimination, this courageous Human Resources Manager disobeyed the directive and hired a 58-year old applicant who had an excellent twenty-five year driving record, Unfortunately for her, this older driver had a heart attack on the job one month later and died. When the Vice President who had instructed her not to hire anyone over age 50 learned that this older driver had been hired contrary to her instructions, she fired her on a shallow pretext. Soon after I filed a retaliatory discharge lawsuit, a settlement was reached. Remembering this story always reminds me of the critical role human resources professionals continue to play in helping citizens, employers and our country be able to reap the triple benefits promised with the passage of the Age Discrimination in Employment Act in 1967.
Dan M. Norwood, Attorney
Working Boomer Advocate dan@workingboomeradvocate.com
Working Boomer Advocate Attorney Dan Norwood 254 Court Ave Memphis, TN 38103 901.834.9292 workingboomeradvocate.com
“Focused on fighting age discrimination in employment” Best Lawyers
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