Age suits are now the fastest-growing category of discrimination complaints filed with the United States Equal Employment Opportunity Commission. In 1967 when congress passed the Age Discrimination in Employment Act (ADEA), the worry was that older workers were being discriminated against in hiring. One might say that the ADEA might, itself have a disparate impact on the older employees of the age forty and above. Because of the competitive job market, employers are not only looking at the qualifications of an applicant, they also may be looking to see if there is any gray in your hair. Times are changing for the work force above forty that require more specialized skills. Companies are leaning more towards computers, email, and the Internet to be more competitive. In the past it used to be you could not get ahead because of the "glass ceiling", now it is more like the "gray ceiling". The aged work force must take personal responsibility in job hunting, because looks can be an asset or detriment. Experience is no longer a prerequisite for an offer.
The U.S. congress passed the ADEA, thinking it was going to protect workers of forty years old and above during the hiring phase. Yet only ten percent of the claims involve the hiring process, the other ninety-percent is wrongful discharge. People are quicker to sue an employer if they were fired rather than during the hiring process. Proving a case for wrongful discharge would be much easier than trying to read someone's state of mind during the interview. In an article by Ira Carnahan, she brings to light an interesting fact; the first decade after passage of ADEA, unemployment among workers fifty-five and above rose from 2.5% to 4.
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