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Show CLIPPER TODAY B6 They're fighting age discrimination in the workplace BY ADAM C OLSON Clipper Today Staff Writer Joel Ferre, a lawyer in Centerville, mioing more age discrimination cases new than ever. Theres been somewhat of an increase in age discrimination cases over recent years, said Ferre, whose practice is about 50 percent employment cases. I'm seeing more discrimination cases, period Ferre, who has done mostly defense work, believes the growth m discrimination caseload is due to a combination of things. ' I don't think it's because employers are becoming more careless, said Ferre. If anything they're more careful now than eveif Ferre said that a part of it is there are more advocacy groups now, letting people know then- rights. I dont want to say were a litigation happy society, but there are more people willing to assert then rights, even if they must go to court. The other aspect that Ferre believes is contributing to the growing number of age discrimination cases is, There are simply more people out there over 4C he said, referring to the age minimum established by law to be m covered by the Act. Employment Though the median age m Davis County is 24.7 years, Davis County ranks fourth among counties in Utah in total population over 65 years of age. The county was projected to have the second largest growth m the population between 1990 and 60-pl- 1995. the Utah to According at the Society Gerontological University of Utah, across the state there will be 27 percent more people over 60 m 2000 than 10 years ago in 1990. There's no doubt that were living longed said Mary Jane Ciccarello, Semor Legal Services Developer for the States Division of Aging and Adult Services. So we have this large percentage of the population that will be in the workforce longer because were healthier, but also because were forced to do so. The world is that much more expensive, and the age to receive Medicare benefits is creeping upward by the minute. Everyone should be able to work in an environment free of discrimination by fellow employees and employers, she said. If you are capable of performing the job at hand, your age should not be relevant. Ferre said most of the cases he sees today dont involve termination of employment. With the economy so robust there haven't been a lot of layoffs. Most of Ferre's cases and he believes this is statewide deal with pay scale, failure to promote, and benefits. They especially deal with payf he said. Most charge that the younger employees are making more money In 1967, Congress created the Age Discrimination m Employment Act (ADEA) to promote employment of older persons based on their ability rather than age. The ADEA prohibits employment discrimination against persons 40 years of age or older. It covers all private employers with 20 or more employees (15 in Utah), state and Icfcal governments (mcludmg school districts), employment agencies and labor organizations! The ADEA also covers the federal government ;The ADEA specifically makes it illegal to discriminate in any aspect of employment, including' hiring and firing; compensation, assignment, or classification of employees; transfer, promotion, layoff, or recall, job advertisements; recruitment; testmg; training; benefits, pay, retirement plans, or other terms and conditions of employment. Furthermore, harassment on the basis of age, or retaliation against an individual for fifing a charge of discrimination, participating m an investigation or opposing discriminatory practices is prohibited by the ADEA. The Utah and Labor Division (UALD) enforces the The Equal ad within Utah. Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing the ADEA. I Yet, despite the protection provided by the law, winning discrimination cases is difficult These claims are getting harder and harder to make, Ferre said. You have to show that a client was discriminated against A lot of times the evidence isn't there. " Age discrimination cases are very difficult to prover said Mike Jensen, an attorney who specializes in elder law. , Its most blatant when a supervisor says, You just don't have the energy we need in your position, and then lets you go. But most employers dont do that anymore, Jensen said. They downsize or reorganize and eliminate positions. They document your release as performance related. ; SUNDAY MORNING OCTOBER 3, 19991 SUNDAY AFTERNOON OCTOBER 3, 19991 , r i irttiurfYumn WEEKDAY AFTERNOONS |
