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I don't think any of the candidates understand how important Social Security is to older Americans. I foresaw the retirement crisis way back when, and, hoping to continue to work until the age of at least 70, I started law school well into middle age. I graduated cum laude with awards from a good, accredited school. But, although generally lawyers are hired for entry level jobs based on their grades, I received no offers and got fewer interviews than classmates with much lower grades. And the interviews I got were for the most part soon over and very superficial. Recruiters were not interested in me in spite of the fact that I had previously worked as the director of a small non-profit before going to law school among other things and could bring a wealth of experience and knowledge and a broad educational background.
Finally, a couple of years out of law school clerking in the courts (great experience) and working for my judge's firm mostly doing research, I got a job with a major firm at good pay. (Had to pay back astronomical student loans short order, you know). The job offer had a couple of unusual caveats, however: 1) I would not be hired on the partner track; 2) I would write, but not represent clients in the courtroom. Naive as I was about the law business, I accepted on those terms. A few years later when the market for lawyers softened and first-year associates' salaries were no longer astronomical, the firm began to hire younger associates just out of law school to do the work I had been hired to do. The writing was on the wall. I was being replaced.
Rather than wait to be given my walking papers, I confronted the managing partner. He admitted that, although there was no problem with my work, my days at the firm were numbered. As he also agreed, I had received good reviews about my work ethics, my ability to work long hours, my ability to get along with others, my work, etc. Having determined that the managing partner found no fault with me or my work, I asked, "Why are you hiring younger people to do my job?" He answered: it takes seven years to train a trial lawyer. He added that he thought one of the younger (quite attractive) female attorneys "could learn new tricks," suggesting that I didn't have seven more years that I was too old to "learn new tricks," whatever that has to do with law.
Only later did I learn that I had been hired to replace a female attorney who, although younger than I, was also over 40, and that, before leaving she complained to someone in the firm that she felt she was being discriminated against based on her age.
At that time I was 60. My boss, of course, was violating California's discrimination law which requires that employees, regardless of age, be given equal opportunities for further education and job advancement. But finding another job was nearly impossible. Finally, at the recommendation of a family friend, I got hired by a small firm for half the pay. There, I got experience in the courtroom that had been denied me to that point in the big firm.
Now at 64, I can say from my personal experience that age is a huge barrier in the workplace even to those of us who prepare to continue to work, develop new, presumably marketable skills, maintain our mental acuity and enjoy physical health. (I missed fewer days for health reasons than most younger employees.)
Age discrimination is very difficult to prove. At 64, I'm not nearly as attractive as I was at the age even of 49. And I do not have the energy to work in the same way as a 25-year-old. I tire and need breaks. I would honestly prefer to work half days since I don't need the paycheck that a younger person with a family and a relatively new mortgage needs. I do not react as quickly as a much younger person, and I have senior moments (but then so do my 30-something children). But, I am smarter, more poised and have far better judgment, especially about ethics and how to get along with people including opposing counsel, than most of the younger attorneys I have worked with. And I believe that these extremely important qualities make me a better lawyer than many of my younger colleagues.
The irony about age discrimination is that presidents, members of congress, federal judges and Supreme Court justices who could change the laws affecting all workers to strengthen those concerning age discrimination, face no age barriers in their own work. Rejecting the idea that the Constitution should impose a mandatory retirement age on federal judges, Alexander Hamilton wrote in Federalist Paper No. 79:
"The deliberating and comparing faculties generally preserve their strength much beyond that period , in men who survive it; and when in addition to this circumstance, we consider how few there are who outlive the season of intellectual vigour, and how improbable it is that any considerable proportion of the bench, whether more or less numerous, should be in such a situation at the time, we shall be ready to conclude that limitations of this sort have little to recommend them. In a republic, where fortunes are not affluent, and pensions not expedient, the dismission of men from stations in which they have served their country long and usefully, on which they depend for subsistence, and from which it will be too late to resort to any other occupation for a livelihood, ought to have some better apology to humanity, than is to be found in the imaginary danger of a superannuated bench."
So, although the Founding Fathers were not concerned about other forms of discrimination, they (even the very conservative Alexander Hamilton) did condemn age discrimination against judges. Yet, many discrimination attorneys treat age discrimination with skepticism, as if age discrimination is not real discrimination, is somehow justified by the infirmities of the aging, as if age discrimination is the afterthought or step-child of discrimination law.
If a person is capable of doing the essential work required for a job, and I have certainly proved that I am quite competent in my field, that person should be given the same opportunity to do the job within his or her capacity that any other person is given. Age should not be an excuse to fire, to pay a lower wage, to give fewer benefits, to assign less challenging work or to refuse to hire someone. And a person's capacity to do a job should not be measured by a standard established by the average competent 30-year-old. The measure of an older person should be age appropriate. Employers do not expect 25-year-olds to have the judgment of older, more experienced employees. Younger employees are afforded a lot of slack that is not granted to older ones. That in itself is discrimination.
I must add to my diatribe the fact that I have not only experienced discrimination by employers. I have also experienced a discouraging amount of it by younger people in the workplace. I will never forget an associates' lunch at the big firm at which the young associates all piled on a certain elderly TV weatherman agreeing unanimously that he was too old to do his job and should quit. Please, why does a TV weatherman need to be young? Until we get to a point at which clients, patrons, employers and younger co-workers accept and respect the role of older people in the workplace, older people will continue to need to retire in their early 60s and younger, although many of us want to continue to work and are capable of working at our own paces. The proposed changes in Social Security law and benefits including those that would raise the retirement age will devastate the lives of baby boomers and current retirees unless our government and our society put employers on notice that they have to give fair employment opportunities to older workers.
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