1st August 2024
After reaching the age of fifty, the labour market becomes less friendly for many. It becomes not only more difficult to secure a stable job, but also to maintain one‘s current position with dignity.
A lawyer from the Office of the Equal Opportunities Ombudsperson highlights this issue after examining numerous cases where individuals faced disfavour from the employers solely based on their age. For instance, some individuals were not allowed to improve their qualifications because it was considered too late. They were insulted, harassed over trivial matters intended to worsen their working conditions, which frequently led to their eventual dismissal.
“Difficulties faced by older individuals in the labour market are one of the pressing issues we are addressing. We receive complaints of discrimination both during the job search process and from those already employed who are trying to adapt to their employers and colleagues,” says Renata Vanagėlienė, a lawyer from the Office of the Equal Opportunities Ombudsperson (Office).
According to her, the relevance of this topic is further demonstrated by statistics. For several years, 40 percent of registered unemployed individuals have been over fifty years old. A survey conducted by the Office shows that approximately one-fifth of individuals in this age group or older have experienced discrimination in the field of employment.
Too Old for This
According to R. Vanagėlienė, issues faced by the elderly population in the labour market often begin with job applications: “Some job postings specify a preference for candidates of a certain age, emphasizing youth, drive, and receptivity. This not only leads to potential cases of discrimination but also reinforces stereotypes. Often, this affects the job seekers themselves, reducing their self–confidence and creating prejudices that they will be “written of”, will not get the job they want, or be incapable of learning new things, and so on”.
The lawyer has reached out to employers who were looking for parcel carriers under the age of 35, long-haul drivers under the age of 55, and others. “A particularly memorable case involved a job listing for a forwarder driver position, where candidates were required to fill out a form and indicate their age and marital status. When we asked why this was necessary, we were told it would determine what functions in the workplace the employers would perform. For instance, older people are assumed to be more sedentary, so they are only considered for city–based work, while younger individuals without families can travel all over the country,” she adds.
Sometimes, the fact that an employee is considered too old for the position can even be told directly: “We have investigated a case where the management of financial solutions company, upon learning the candidate’s age, informed him that they had an age limit and wished him luck. This is a violation of the Law on Equal Treatment, which prohibits discriminate potential employees based on their age during the hiring process,” reminds the Office representative.
The lawyer notes that age can become an obstacle for climbing up the career ladder and further development. “We have investigated at least two cases where employees were not allowed to participate in advanced training courses, with the justification that it was not worth investing in individuals who will retire in a few years. Sometimes, this attitude is evident not only from employers but also from training centres. For instance, the training centre of one university officially announced that they would only accept employees up to the age of 55, claiming that older individuals will not learn effectively.”
From “Grandmother” to “Child”
According to R. Vanagėlienė, age discrimination is also experienced in various indirect forms. “For instance, a hostile work environment may target a specific individual. In one kindergarten, an older employee was fired. She provided us with correspondence with the manager, which was filled with disrespectful communication, ultimately leading to a pretext for a disciplinary fine.” reveals the lawyer.
In another case, an older woman working at an insurance company was fired due to the manager’s ageism. The woman appealed to the Office, and although she did not return to her job, a severance pay was offered after an investigation. “A specialist in her sixties worked at a company for many years, but when a new manager arrived, problems began. The manager mockingly referred to her as ‘grandma’, asking when she would finally retire, and so on. In the end, the woman was dismissed allegedly due to improper performance of duties following a minor error, although she did not receive such complaints prior to the new manager’s arrival. Interestingly, the woman considered such remarks from the manager as normal, and only later, during court proceedings, did she realize she had been a victim of bullying,” explains R. Vanagėlienė.
The representative of the Office also mentioned a case where a retired employee of a shopping centre was transferred to another department responsible for environmental maintenance. According to the employer, this new position was more favourable for employee’s health, but the employee himself was convinced that his working conditions had worsen and interpreted this as a pretext to eventually dismiss him.
Such a pretext to get rid of older workers could be seen in a legal act of one municipality, which offered additional funding for schools if they dismissed a teacher of retirement age and hired a specialist under age of 40. The funding was provided for the severance pay for the older teachers who are retiring. After the Office’s appeal, this legal act was repealed.
The Attitude Must Change
Rūta Juodelytė, an expert of the Office who advises employers on issues of equal opportunities, points out that despite the aging population, attitudes towards older workers remain quite sceptical. Employers often avoid investing in older workers because they are perceived to work for a shorter period, have slower reactions, poorer health, and are less receptive to innovation.
“Because of this attitude, a large part of the elderly population becomes uncompetitive, lags in technologies and current labour market trends, and loses self-confidence. Of course, health issues become more prominent with age, and the need to spend time caring for loved ones increases, making self-realisation in work activities increasingly difficult. So, this is a complex issue,” the expert explains.
When addressing this issue, R. Juodelytė believes it is essential to understand that there is no identical group of people and each individual should be evaluated individually: “Some can work in to their eighties or beyond, others learn quickly, many have invaluable work experience, and some possess special personal skills. So, it is worth considering where the problem lies – whether it is the age itself or the way we interpret it.”
According to the representative of the Office, the issue of aging in the workplace will only become more pressing in the country, and decisions on how to integrate and empower this ever–growing part of society will still need to be made. “We already have great examples of employers discovering the benefits of older workers, such as greater loyalty, diligence, and life experience valued by customers. In general, diversity, including age, can bring many advantages to organisations by providing different perspectives,” concludes R. Juodelytė.