"Age is a figment of your imagination " I’m sure you have heard that one before.

Age is just a number how many times have we heard that statement?  And how may times have you said  those exact words?  With the recent recession and the unemployment  numbers bouncing back and forth one day you hear it’s at an all time low then it’s back up in numbers.

With the recent layoff’s how many were actually due to the rescission? Did some employers use the recession as an excuse  to get rid of an aging employee? In 1967 (ADEA) Age Discrimination in Employment Act was formed to help protect the older employee from wrongful  termination due to age.

There is one clause in the (ADE) bill “A Bona find Occupational Qualification” basically what it means age restrictions for the normal running of the business.  A business can not discriminate due to a persons age race nor sexual orientation. It is not illegal for a business to have you state your age on an application.

Since the beginning of the recession back in 2007 there has been an increase in the numbers of cases that were reported  on behalf of older working Americans. A 17% jump was reported back in 2010. The Supreme Court made it harder for such case to be won. In 2009 the Supreme court increased the burden of proof.

Age is not a figment of your imagination according to the (ADEA) which reads 40 is considered an older employee as that is who this bill was designed to protect. You have the child labor laws that protect the youth. Congress recognizes that offering certain benefits to an older employee is not cost sufficient over a younger employee.

Giving no incentives for a business to hire the older worker over his younger counterpart. In order for it to prove financially sound a business may ask the older employee to sign a waver of benefits right. Looking at it on the business side .

In order to hire the qualified worker is age only a figment of the imagination? Do employers look at the application and wonder how much is this employee worth in dollar and cents? Is this qualified person who may be in their forties going to stay for the long hall? Does health related issues come in to play as well as age?

Do employer’s look at an older candidate and wonder how many health related aliments will this employee end up costing me over a younger candidate who may or may not have as many health issues. AS employers look at the hiring process in dollar and cent’s. “Is age just a figment of your imagination? Not according to the 17% of older Americans who filed Age Discrimination law suites.

Photo courtesy of Photo Bucket.com

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