Dive Brief:

• The U.S. Equal Employment Opportunity Commission (EEOC) released its latest EEO Digest, which includes a list of EEOC decisions, including settlement agreements, remedies, class complaints, attorney’s fees and summary judgments, court cases and hyperlinks to information.
• The 2017, Volume 2, edition of the digest includes a feature story detailing how the agency approaches age bias allegations. Age Discrimination: An Overview of the Law and Recent Commission Decisions is an analysis of age discrimination claims and EEOC and U.S. Supreme Court decisions.
• Carlton M. Hadden, director of the EEOC’s Office of Federal Operations (OFO) said age discrimination often is based on fears, myths and stereotypes about the skills and abilities of older workers. He added that “unlawful age discrimination has no place in the federal sector workplace.”

Dive Insight:

The EEOC is maintaining its commitment to protecting the rights of older workers. The agency has pledged to uphold and enforce employment laws like the Age Discrimination in Employment Act (ADEA) and other workplace mandates in every statement it’s issued since the November elections.

Indeed, ageism cases against a variety of employers have garnered attention within the past year. PwC was recently challenged by a group of workers claiming that the company preferred to hire young people. Texas Roadhouse, representing a wider problem in hospitality, recently had to pay $12 million to settle an ageism case.

Employers do have some defenses in these cases. A mediocre hire that is eventually let go for poor performance will have a hard time proving ageism in court, especially if an employer documents performance reviews.

Don't expect the EEOC's attention to waver in these cases anytime soon. With more baby boomers putting off retirement and remaining in the workforce, employers in all industries will need to accommodate workers of all ages.