Chapter 9: Combating Age Discrimination: Legal and Regulatory Issues, Challenges, and Opportunities

The age profile of the American workforce is profoundly changing. Between 2012 and 2060, the working age population (18 to 64) is expected to increase by 42 million from 197 million to 239 million (U.S. Bureau of the Census, 2012). What has been vividly termed the demographic “tsunami” or “time bomb” poses major challenges to society, and more specifically to human resource managers in public, private, and nonprofit organizations, who must respond by designing and implementing strategies to meet the needs of an aging workforce.

There is a burgeoning literature about the impact of the aging baby boomers, those born between 1946 and 1964, the oldest of whom turned 65 in 2011 and the youngest turned 49 in 2013. The workplace has been transformed in many ways as 76 million boomers joined the ranks of older workers, defined by the Bureau of Labor Statistics as those aged 55 and older. About half of employees ages 45–70 have plans to work into their 70s and beyond (Jackson, 2010). Despite legislative initiatives, court decisions, regulatory enforcement, and educational efforts, there are numerous age-related stereotypes surrounding the effects of the aging process and the competencies of mature workers, and too few efforts to effectively combat these erroneous perceptions and egregious behaviors. While some innovative organizations have successfully attacked this human resource challenge, ageism and workplace age discrimination continue to pose barriers to aging workers.