Why do the entities that are paid to advocate for older Americans – the EEOC and the AARP – do so little about problem of age discrimination in employment.
The AARP and the EEOC were AWOL when the U.S. Court of Appeals for the Second Circuit in New York City a ruled that the overtly discriminatory Pathways Recent Graduates Program does not “offend” the Equal Justice Clause of the U.S . Constitution because it is rational and it serves a “legitimate” purpose.
Neither the EEOC nor the AARP expressed any concern when the Pathway’s Recent Graduates Program was created in 2010 through an executive order signed by President Barack Obama. His order created a back door exception to the Age Discrimination in Employment Act of 1967, which prohibits using age as a factor in hiring .
So far, older workers have been barred from applying for 100,000 federal jobs – and counting.
Not surprisingly, the EEOC and the AARP had no response when asked the following questions on Wednesday:
- Does the EEOC/ AARP have any comment on the 2nd Circuit decision?
- Does the EEOC/AARP agree with the 2nd Circuit panel that age discrimination should receive less protection under the Equal Justice Clause of the U.S. Constitution than discrimination on the basis of race, sex or religion?
- Is age discrimination in hiring under Pathways Recent Graduates Program is “rational” and “legitimate”?
- Why have the EEOC/AARP never spoken out against the Pathways Recent Graduates Program?
Age discrimination in employment is not a trivial matter. It has serious consequences for older Americans. It leads to long-term unemployment, underemployment, forced retirement and contributes to poverty in old age. Moreover, older people lose their health insurance or can’t afford the co-pays and end up sicker.