Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Major Nikon

(36,827 posts)
69. You can look at the statistics for yourself
Sat Jun 2, 2012, 07:57 PM
Jun 2012

Here's the stats for all complaints received by the EEOC:
http://www.eeoc.gov/eeoc/statistics/enforcement/all.cfm

Here's the stats for just the ADEA piece of that pie:
http://www.eeoc.gov/eeoc/statistics/enforcement/adea.cfm

The monetary benefits paid for all complaints in 2011 was $365 million. For just ADEA complaints, the payout was $95 million. That means out of all the different types of cases the EEOC tracks, ADEA cases paid roughly 1/4th of all the payouts. If you go to the litigation statistics, you'll see ADEA cases are paying a huge piece of the pie there too. So I'm not sure why the lawyer told you that, but there's a lot of lawyers out there taking these cases and winning and they are winning big payouts.

Many law firms specialize in nothing but EEO cases. I know one lawyer in particular that loves age discrimination cases, and particularly non-selection because they are some of the easiest to win. Establishing prima facie is pretty simple. Prove the person is over 40. Prove they were non-selected. Prove a significantly younger person was selected. The lawyer doesn't really have to do anything here because the EEOC investigator establishes all those facts. Once prima facie is established, the burden of proof goes back to the employer to prove they DIDN'T discriminate. Pretty much the only way they can do that is to prove the person or people they selected for the job were more qualified. The deck is inevitiably stacked against the employer because older people tend to have much more job experience than younger people. The deck gets stacked even farther for the complaintant, because the ADEA specifies specific rights which must be afforded to age discrimination complaintants that other complaintants don't get.

Hang in there and keep on plugging along tabasco Jun 2012 #1
Luckily, I am not unemployed anymore -- just under-employed LuckyTheDog Jun 2012 #2
She did you a favor. They intend on riding the youngster like a pony. WingDinger Jun 2012 #3
But what would fluster the youngsters... LuckyTheDog Jun 2012 #4
Yes, she is. Baitball Blogger Jun 2012 #6
agreed. (eom) salin Jun 2012 #7
You very well could be offered a better job next week or month. WingDinger Jun 2012 #8
LOL.. sendero Jun 2012 #33
In Florida it's just the opposite. Baitball Blogger Jun 2012 #5
Was the lunch to help you forget HeiressofBickworth Jun 2012 #9
Law, schmaw. Who brings a tape recorder to their job interview? So it coalition_unwilling Jun 2012 #46
Another Reason To Raise Taxes On The Rich... Another Reason To Lower The Reirement Age To 55... WillyT Jun 2012 #10
Another reason for a Guaranteed Annual Income (McGovern '72). Subsistence coalition_unwilling Jun 2012 #48
This is illegal job discrimination covered by the ADEA Major Nikon Jun 2012 #11
But, what benefit would there be? LuckyTheDog Jun 2012 #12
Back pay, baby Major Nikon Jun 2012 #16
But wouldn't the hiring person just lie and claim she never said that? nt TBF Jun 2012 #19
They almost always do Major Nikon Jun 2012 #22
Then perhaps they would fire the hiring manager bhikkhu Jun 2012 #25
I have a completely different take on it Major Nikon Jun 2012 #26
You have the patience of a saint. Wish I could kick&rec your post. Zalatix Jun 2012 #28
I get the arguments presented to challenge this Ruby the Liberal Jun 2012 #73
Punish the company so that they re-think their behavior with others. Zalatix Jun 2012 #27
+1 Scuba Jun 2012 #39
Ha-ha-ha-ha. Oh man, do you have any idea how long the EEOC takes to investigate coalition_unwilling Jun 2012 #49
Yes, I have a very good idea Major Nikon Jun 2012 #65
That's funny. It's almost exactly the opposite of what an attorney specializing coalition_unwilling Jun 2012 #67
You can look at the statistics for yourself Major Nikon Jun 2012 #69
Thank you for this wonderful detail. I'm filing away in case I ever bump into coalition_unwilling Jun 2012 #70
I always encourage everyone to know their rights Major Nikon Jun 2012 #71
OT, but just noticed your sig line and it took me down memory lane to coalition_unwilling Jun 2012 #75
But how much is someone drug through the mud Ruby the Liberal Jun 2012 #74
+1 Gormy Cuss Jun 2012 #60
During my recently ended 10 month nightmare of unemployment,... MarianJack Jun 2012 #13
A "hiring manager?" Not a job consultant or a headhunter, but someone who works at a place where MADem Jun 2012 #14
She is a partner in the company... heads the local office (nt) LuckyTheDog Jun 2012 #18
I think you were discriminated against over lunch! MADem Jun 2012 #20
I'm in my mid 40s and I get told similar all the time NewJeffCT Jun 2012 #15
If you call them, how do they know how old you are over the phone? Quantess Jun 2012 #53
No, I'll send them my resume NewJeffCT Jun 2012 #63
Oh, I see. Quantess Jun 2012 #66
Welcome to my world Coyote_Bandit Jun 2012 #17
Mine, too. GoCubsGo Jun 2012 #51
I've made a point Coyote_Bandit Jun 2012 #61
I may be well near 60 when I next look for a job. I think there will be a huge labour shortage by applegrove Jun 2012 #21
I understand full well where you're coming from. I am a LibDemAlways Jun 2012 #23
I lucked out back when I was 60 and laid off. Speck Tater Jun 2012 #24
That is what I would look for at this point if I went back to work - TBF Jun 2012 #35
They are really getting pickier and pickier about age. JDPriestly Jun 2012 #29
Honestly I think it's mostly the money - TBF Jun 2012 #34
Also the problem of employer-based health insurance. woo me with science Jun 2012 #40
Excellent point - TBF Jun 2012 #43
Do you remember the days shanti Jun 2012 #64
Companies don't want experienced people FairyDust Jun 2012 #30
I second, hang in there. After years of underemployment, I finally got a raccoon Jun 2012 #31
You didn't expect them to want an older, wiser person did you? Shankapotomus Jun 2012 #32
Try it in your late 50's bahrbearian Jun 2012 #36
I was laid off when I was 60 and re-hired because of my experience lunatica Jun 2012 #37
I'm sure there's a place for a middle-aged stripper out there somewhere slackmaster Jun 2012 #38
Can you sue for age discrimination? ananda Jun 2012 #41
Laid off in my mid-50's - lynne Jun 2012 #42
We really need to start naming names. See my post immediately below yours. I dare coalition_unwilling Jun 2012 #45
Naming names might work for bigger firms - lynne Jun 2012 #54
Love the German term for it: 'schadenfreude' (joy at another's coalition_unwilling Jun 2012 #58
Had the exact same experience when interviewing with mahalo.com. The coalition_unwilling Jun 2012 #44
I shaved the first 15 years off my resume - lynne Jun 2012 #55
Goddamnit, I knew I was doing something wrong when I was coalition_unwilling Jun 2012 #56
I spent last year hearing the same thing HillWilliam Jun 2012 #47
I'm in my 60's. leftyladyfrommo Jun 2012 #50
I believe every word of that HillWilliam Jun 2012 #57
I am in my 70s and I was laid off in 2010. RebelOne Jun 2012 #62
I don't know why they care so much treestar Jun 2012 #52
K&R. It's an epidemic. n/t Egalitarian Thug Jun 2012 #59
I am 55 almost 56 and the boss over me is 28 marlakay Jun 2012 #68
I am 58 and just got a new job. Hang in there. It will happen. Honeycombe8 Jun 2012 #72
I am right there with you, albeit a few years behind. Ruby the Liberal Jun 2012 #76
Latest Discussions»General Discussion»So, I was told today that...»Reply #69