Age Discrimination in the American Workplace: HR Strategies

Introduction: A Changing American Workforce

The face of the American workforce is undergoing a rapid transformation. It is no longer dominated by white males or composed exclusively of workers under 40. The structure of the workforce is changing, and that shift demands corresponding changes within organizations. The American corporate world needs to wake up to changes documented by numerous studies and research projects. Organizations must adapt to these changes before they create massive problems. With people from diverse ethnic, social, and generational backgrounds entering the workforce, companies need to make meaningful adjustments to their policies in order to embrace the new workforce reality and cultivate a friendlier, more flexible organizational culture. Where such changes are resisted, discriminatory practices emerge, giving rise to employment discrimination in which certain disadvantaged groups become victims of biased organizational policies.

This paper examines the changing characteristics of the American workforce, defines employment discrimination, and discusses the changes that human resource managers need to be aware of and adapt to in order to successfully manage a multi-ethnic, multicultural workforce.

According to research conducted using the Occupational Outlook Handbook, a highly visible change was projected to occur in the American workforce by the end of 2005. Ronald R. Sims and John G. Veres (1995) present the findings of the Occupational Outlook Handbook (U.S. Department of Labor, 1992–93 edition) and Workforce 2000 in their book Human Resource Management and the Americans with Disabilities Act:

1. White males have historically been the largest component of the labor force. Their share was projected to drop from 79 percent in 1990 to 73 percent by 2005.
2. Women were expected to continue joining the labor force in growing numbers, making up approximately 47 percent of the labor force by 2005.
3. Black, Hispanic, Asian, and other racial groups were projected to account for approximately 35 percent of new entrants into the labor force between 1990 and 2005.
4. The average age of workforce participants was projected to increase from 36.6 years in 1990 to 40.6 years by 2005. Workers between the ages of 45 and 54 were expected to account for 24 percent of the labor force by 2005, up from 16 percent in 1990.
5. The population was estimated to grow by 0.75 percent per year, while employment opportunities were projected to grow by 1.3 percent annually, resulting in fewer available employees.
6. Educational requirements were projected to increase: well over 50 percent of new jobs created during the 1990s were expected to require more than a high school diploma. (p. 153)

It is clear that the American workforce was moving toward greater diversity, a shift likely to revolutionize the way organizations operate and implement policies. However, this diversity also creates alarming potential for employment discrimination. Discrimination not only harms the organization that refuses to embrace change, but also seriously injures the individual who becomes its victim. While employment discrimination is commonly associated with harm to Black workers, minorities, and women, research indicates that discrimination affects men and women almost equally, though for different reasons. Women more frequently face discrimination due to gender, while men may encounter it due to disability or disease. In some studies, gender was also found to be a basis for discrimination against men, particularly in cases where immediate supervisors were female. This raises the central question: what exactly is employment discrimination, and which segments of society are most likely to become its victims?

Title VII of the Civil Rights Act of 1964

The most important legislation addressing employment discrimination is Title VII of the Civil Rights Act of 1964. Title VII clearly prohibits employers from discriminating on the basis of sex, color, or race, and provides:

"It shall be an unlawful employment practice for an employer: (a) to fail or refuse to hire or discharge any individual, or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual's race, color, religion, sex, or national origin."

This legislation provides broad protection against employment discrimination. As long as a person is able and willing to work and their skills match the job for which they have applied, they cannot lawfully be discriminated against. Discrimination takes many forms. The table below, derived from Wendt (1993), illustrates the bases of discrimination charges filed by men and women:

Table 1 — derived from Wendt (1993)

References

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