Age Discrimination Said To Be Pervasive, Hard To Prove

“Once layoffs were done by reverse seniority,” notes one economics professor, but the age of “last in, first out” is over. The primary reason is that older workers cost more, not only because they’ve worked their way up the compensation ladder, but – probably more important- their health care costs tend higher, often a lot higher. That can weigh especially heavy if the company self-funds its health insurance, as does the defendant aerospace company in a case discussed in this New York Times article. The number of age discrimination complaints has been steady at about 22,000 a year, but these cases almost never reach the litigation. Some are settled, but the phenomenon remains pervasive with virtually no legal pushback, in part because a Supreme Court decision in 2009 made it more difficult to prove. Tougher legislation is being considered, but its chances are said to be slim.