age discrimination Emily M. Dickens SHRM chief of staff

Warning to employers: Not knowing age discrimination laws is not a valid defense

Dickens: Not all age discrimination in the workplace is overt
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Asking someone their age during a job interview is against the law and there are special protections in place for all people over the age of 40. But, Emily M. Dickens, chief of staff and head of government affairs at SHRM, says age discrimination can show up in the workplace in both overt and subtle ways and it is up to employers to make certain it isn’t a part of the company culture.

“Hiring managers and employers can better address ageism in hiring and promotion by knowing the law. Make sure your people managers understand the Older Workers Benefit Protection Act and any laws related to age discrimination in employment,” says Dickens.

She adds, “Make sure that your executives are aware of the law. You don’t want anyone to ever say, I didn’t know, because guess what? If you are accused of ageism, saying you didn’t know is not going to be the answer.”

Dickens advises employers to take a look at the language in their job descriptions, when looking for new employees and when posting a job for internal promotion. “Are their any words in the job description that would make an older person who’s just been working longer than others think that this isn’t a job for me? How generic can you make this job so that you can get the best talent and the best skills?”

Dickens also encourages hiring managers to “lead with inclusivity,” arguing that age diversity in the workplace is a benefit and should be embraced.

“The largest percentage of people who will be joining the workplace in the future will be those aged 75 and older. And the largest percentage of workers that we believe are going be in the workplace in the coming years will be 55 and older,” says says. “There is just a plethora of talent that we’re gonna have access to. Let’s make sure we’re making them want to come work with us.”

SHRM is a professional human resources membership association. It counts 340,000 members in 180 countries with a mission of creating better workplaces. 

Emily M. Dickens spoke with me on the subject of age discrimination in the workplace as part of the Age in America series, a collaboration between WorkingNation and Scripps News Network which began in June.

Watch a clip from our interview below.

Age discrimination in the workplace | Age in America | Emily M. Dickens

Asking someone their age during a job interview is against the law and there are special protections in place for people over the age of 40. But, Emily M. Dickens, chief of staff and head of government affairs at SHRM, says age discrimination can show up in the workplace in subtle ways.

Get more of our WorkingNation Age in America articles, videos, and podcasts here.
Get more of Scripps News’ Age in America coverage here.

Dana Beth Ardi

Executive Committee

Dana Beth Ardi, PhD, Executive Committee, is a thought leader and expert in the fields of executive search, talent management, organizational design, assessment, leadership and coaching. As an innovator in the human capital movement, Ardi creates enhanced value in companies by matching the most sought after talent with the best opportunities. Ardi coaches boards and investors on the art and science of building high caliber management teams. She provides them with the necessary skills to seek out and attract top-level management, to design the ideal organizational architectures and to deploy people against strategy. Ardi unearths the way a business works and the most effective way for people to work in them.

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