Jobs Difficult to Find for Those Over 55

February 06, 2013 (Press-News.org) Jobs Difficult to Find for Those Over 55

Many employees continue to experience difficulties finding jobs in this tough economy. Unfortunately, research shows that those over the age of 55 seem to have an even greater struggle than most jobless Americans.

According to the AARP, unemployment rates for Americans 55 and older surged from 490,000 in 2000, to 2,114,000 in 2009. Reuters also reports that the number of workers over 55 struggling with long-term unemployment has more than doubled since 2007. In some cases, employee rights may come into play.

Both federal and state law prohibits an employer from refusing to hire an applicant based solely on the applicant's age. Experts with the Equal Employment Opportunity Commission (EEOC) note that the rate of age discrimination among employers throughout the nation is on the rise.

As a result, older Americans qualified for positions that are repeatedly refused employment may have a discrimination claim against the potential employer.

Laws and Age Discrimination

Age discrimination occurs whenever an employer refuses to hire an individual because he or she is over the age of 40. The Age Discrimination in Employment Act (ADEA), a federal law, forbids discrimination at any part of the employment process. The federal law covers the initial hiring stage, promotions, benefits and other opportunities within the business all the way through the termination of employment.

Federal law is not the only form of protection available for employees. In California, The Fair Employment and Housing Act (FEHA) also works to prohibit discriminating against employees based on age.

Impact of Unemployment on Americans Over 55

Unemployment within this group has a much wider impact than the unemployment rates within younger generations. Older workers state they find it more difficult to compete with a younger work force, a work force that often is willing to accept lower wages. Making matters even more difficult is the fact that those unemployed over the age of 55 are struggling not only to find employment, but also to maintain a stable retirement plan.

The Government Accountability Office found that those within this group who were unable to work experienced serious reductions in their retirement plans. Employees who rely on employer sponsored plans like a 401(k) often have the most to lose.

The lack of retirement stability has resulted in a different work outlook for older employees. Often, those who find employment expect to work well past typical retirement ages. Those who cannot find work are increasingly relying on government programs like Social Security to make ends meet.

Employees over the age of 40 should be aware that state and federal protections against age discrimination are available. In some cases, these protections can extend to provide remedies to the victims of age discrimination. These remedies can include the recovery of lost pay, attorney fees and damages.

If you are the victim of age discrimination, contact an experienced employee rights attorney to discuss your situation and better protect your legal rights and remedies.

Article provided by Stratton & Green, ALC
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