ABSTRACT
This chapter provides an interdisciplinary analysis of age discrimination in the workplace. The authors discuss age discrimination in the workplace and how it is manifested in various employer actions. There is a detailed discussion of the complex legal framework that strives to protect older workers but often falls short of the intent of our legislators, particularly in cases of age-based adverse employment actions. The Age Discrimination in Employment Act’s (ADEA’s) role in pension law protection and other lesser-known ADEA provisions are also addressed. We identify current and future trends that may challenge or expand to older worker protection. These trends include the long-term impact of the rise of a conservative federal judiciary, the increasing number of workers without any statutory protection in the new “gig” economy, older workers’ need to continue workforce participation for economic security, and increased reliance on technology in recruitment and selection. In discussing these trends, we provide an analysis of their effects on the ADEA’s intent to eradicate age discrimination in the workplace, with an aim of generating further research into these emerging topics.
