age discrimination question

magakitty

magakitty

Normal people scare me
Apr 5, 2007
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Palm Springs
mysobrietyspace.ning.com
is there any real protection for workers over 50 (who do physical labor) when it comes to productivity. We have heard that a worker over 40 can only be held responsible for 80% of the productivity level expected from younger workers.

Question arises because at hubby's job, they just made a major increase in required productivity levels, and even the 20 y/o's are going to have a hard time meeting quota. Half the crew or better are over 50. We have been surfing the net and can't get a clear answer.

It would help the guys if they knew that they had a solid legal leg to stand on so that they could approach management and say that they are being discriminated because of their age. They are expected to work until they meet quota, even if it means several hours of overtime. If they don't meet quota they are fired.

They are cable TV/phone/internet techs, and their job requires a lot of physical labor, including climbing poles at nearly every job, hauling 80 lb ladders through bushes, over fences, etc, crawling in attics... well, you get the picture. They are physically able to do the job, just not at the speed and such as is going to be required of them.

Anyone have any real knowledge in this area?
 
Sounds like those places are trying to weed out older people for fear injury or because they make to much, Maybe an employment attorney would know more..........:)
 
I outwork most of the youngin's that work for us.. There is maybe one that can keep pace.
 
the older guys are the ones that work the hardest and goof off the least, but when it comes to working full tilt for 10-12 hours a day, well, they just wear out quicker.

Also there is the question of quality work vs quick work
 
I am not a lawyer but the fact they they are requiring everyone to perform to the same standard they are exempt from any sort of age discrimination issue as there is no dicrimination present. To discriminate you need to provide a situation where one is given preference over the other. However that being said you might want to check your state labour code on overtime, productivity quotas and the legality of them.
 
i don't know about yor problem, kitty, but it's is scary to me how often i hear of older, more experienced, higher paid workers being let go due to "Budget reasons" and replaced with 3 new people who get paid all together as much as that one person did.
 
My understanding is that as long as the requirement for the *position* applies for everyone regardess of age, then it is legal.

Definitely check with a professional in your area if you don't hear from one here.
 
I'm not a lawyer, but not lowering requirements for older workers isn't age discrimination IMO. Lowering requirements for some due to age would lean closer to age discrimination, if anything. This isn't to say it's fair to the older guys.

IMO the real problem is the unrealistic expectations of the company for ALL of the workers. If the workload is too hard on a 40-50yr old who should be able to hold the job, then it's too much to ask any of them. I think in every field of work, things are getting worse and worse in that regard. It's all about the bottom line, and output is becomming more and more important than quality, everywhere. It scares me to think about doing my own job at 50+ years of age, but I don't really have a choice unless I go back to school or resort to making minimum wage at 50.

If his line of work doesn't require a degree (ie.. he wouldn't take a huge pay decrease by finding another line of work), then maybe he should look over his options. I don't think the company is aiming at older guys by increasing quotas. The only thing on their minds is making more money without hiring more people.
 
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