Ageism and Age Discrimination: A Deep-Seated Issue in Texas

Ageism, the prejudice or discrimination against individuals based on their age, remains a pervasive issue within government agencies, companies, and other organizations across Texas. Despite legal protections and societal advancements, older adults often face systemic biases that impact their employment opportunities, professional growth, and overall quality of life.

Texas, known for its dynamic economy and diverse population, unfortunately, mirrors national trends related to ageism. Many older workers encounter barriers to accessing employment, promotions, and fair treatment in the workplace. Age-related stereotypes, such as assumptions about technology proficiency or adaptability, often unfairly influence hiring decisions and workplace dynamics.

Employment Challenges
One of the primary challenges older adults face is securing employment. Despite their experience and qualifications, older job seekers in Texas frequently report difficulties in finding suitable positions. Agencies and organizations may prefer younger candidates, citing reasons related to energy, innovation, or presumed longevity in the role.  Furthermore, once employed, older workers in Texas often encounter subtle forms of discrimination. They might be passed over for promotions in favor of younger colleagues, excluded from training opportunities essential for career advancement, and subjected to ageist remarks and jokes that perpetuate a hostile work environment.  Older workers may also be let go from their positions to accommodate the hiring of younger employees.

Legal Protections and Gaps
While age discrimination is prohibited under the Age Discrimination in Employment Act (ADEA) at the federal level, the protections offered do not fully eliminate discriminatory practices. In Texas, state laws complement federal regulations but may vary in enforcement and interpretation, leaving room for ambiguity and inconsistent application.  Ageism in Texas is not solely a legal issue but also deeply ingrained in cultural attitudes towards aging. The societal emphasis on youthfulness and productivity often sidelines the valuable contributions and wisdom of older adults. This cultural bias permeates through agencies and organizations, influencing policies, hiring practices, and workplace norms.

Moving Forward
Ageism and discrimination within government agencies, companies, and other organizations in Texas represents a significant barrier to equality and fairness in the workplace. Addressing this issue requires a concerted effort from all stakeholders—employers, policymakers, advocacy groups, and society at large. By challenging ageist attitudes, implementing inclusive policies, and fostering a culture that values experience and diversity, Texas can move towards creating environments where age is no longer a barrier to professional success and respect. This journey is crucial not only for the well-being of older adults but also for the continued growth and vibrancy of the Texas workforce.

(The opinions expressed in the preceding post belong solely to Jay and do not necessarily represent the views of any specific organization.)

AARP Foundation Sues Raytheon for Discriminating Against Older Workers in Hiring

(Article by Kenneth Terrell with AARP – Published at AARP.org on June 12, 2024)

Mark H. Goldstein, 67, knew there was little chance he would be hired for the job of “Cyber Defense Technologist II” at Raytheon when he applied in May 2019. He met many of the qualifications the job posting required. He has a master’s degree in business administration, has previously had a security clearance and has a professional certification in cybersecurity.

There was, however, one qualification in the posting he couldn’t meet: He was not “currently enrolled or a recent graduate (within 18 months)” of a graduate school program.

Goldstein wasn’t hired for that position or other roles he applied for at Raytheon, but now he’ll have an opportunity to make a case for himself and other experienced applicants who have been rejected for Raytheon jobs due to their age. AARP Foundation Litigation (AFL), working with Peter Romer-Friedman Law PLLC and Outten & Golden LLP, filed a class action lawsuit against Raytheon, which is now known as RTX Corporation. The lawsuit alleges that Raytheon, one of the world’s largest aerospace and defense companies, has refused to hire workers for many positions unless the applicants are recent graduates of college or graduate school. That requirement has prevented Goldstein and many older applicants from competing or getting hired for those jobs.

“It’s disappointing and upsetting that major American companies are refusing to consider older workers like me for excellent positions because we aren’t recent graduates,” says Goldstein. “All workers, regardless of their age, should have an equal opportunity to compete for jobs at Raytheon and everywhere else.”

EEOC previously found that Raytheon violated older workers’ rights

According to the complaint filed this week in a federal court in Boston, many Raytheon job ads have used phrases such as “new college graduate,” “recent graduate,” or “new graduate” in position titles or job descriptions. Other postings required that applicants with a college or graduate degree have less than 12 or 24 months of work experience.

AFL and its co-counsel say in their complaint that the language of the postings and the 24-month maximum violate several age discrimination laws, including the federal Age Discrimination in Employment Act (ADEA), and there is evidence to support their argument. In a 2021 complaint Goldstein filed with the Equal Employment Opportunity Commission (EEOC), the agency found that Raytheon’s recent college graduate hiring practices violated the ADEA, citing regulatory guidance that states, “When help wanted notices or advertisements contain any terms and phrases such as ‘age 25 to 35,’ ‘young,’ ‘college student,’ ‘recent college graduate’ ... or others of a similar nature, such a term or phrase deters the employment of older persons and is a violation of the [ADEA].”

Raytheon continued to focus its recruitment on recent graduates after the EEOC finding, the new lawsuit states.

‘The one thing I couldn’t do’

In 2019, AARP spoke with Goldstein for a story about ageist language in job postings. At that time, he had been looking for a job for two years, despite having valuable experience in the in-demand field of cybersecurity.

"Every bone in your body says, ‘Your chances of getting this job are practically zero, because they are biased against older employees,’ ” Goldstein told AARP. “But you try anyway.”

At that time, Goldstein said that during his job search, he had unsuccessfully applied for many openings, including for a large national company.

“I did not hide the fact that I had graduated over four decades ago because I wanted them to know that I had all the requirements that they listed in terms of skills and experience,” he said. “But the one thing that I couldn’t do was to be a recent college graduate. I heard almost immediately that I was rejected."

Kenneth Terrell covers employment, age discrimination, work and jobs, careers, and the federal government for AARP. He previously worked for the Education Writers Association and U.S. News & World Report, where he reported on government and politics, business, education, science and technology, and lifestyle news.