Roger Reeves was only 17 when he began working for Sanderson Plumbing Products Inc. in Mississippi. Forty years later, he says, he was jettisoned because of his age.

"You must have come over on the Mayflower," a manager joked, adding that Reeves was "too damn old to do the job."

Reeves responded by filing an age discrimination lawsuit against the company -- one that wound its way through courts for five years. On June 12, 2000 his anguish became elation when the Supreme Court ruled in his favor. In doing so, the court set a precedent that could make it easier for other older workers to sue bosses who unfairly dismiss them: Employees no longer have to present direct proof of age bias as the basis for a complaint.

Reeves' complaint may resound with many who want to work through your 50s and 60s. Some observers call it the Grecian formula factor, wryly invoking the hair-care product that masks the gray. This age bias, they say, keeps many qualified seniors from working in the years leading up to retirement.

The Age Discrimination in Employment Act, passed in 1967, made it illegal for employers to discriminate against workers age 40 and older, whether they're applying for a new job or working in the same one they've had for years. But the decades-old law hasn't prevented some employers from engaging in discriminatory practices.

"It would be nice to say age discrimination is a thing of the past, but it isn't," says Laurie A. McCann, an attorney for AARP. "It might be a booming economy. But that doesn't mean older workers aren't vulnerable."

Even if you're an older worker with a job in today's strong economy, you may still fear being replaced by a 20- or 30-year-old who's willing to work longer hours for lower wages -- and that fear may be justified. In an AARP survey of workers age 40 and over, one out of four said they'd encountered age discrimination, McCann says. And according to another survey, this one conducted by the Society of Human Resource Management and the AARP, one in five of the companies polled had been accused of age discrimination during the previous five years.

As 78 million baby boomers reach their senior years, some experts firmly believe the number of age discrimination cases will rise. Between 1998 and 2008, the group age 55 and older is expected to jump by nearly 48 percent to more than 25 million. And age discrimination is starting earlier, according to experts -- in some cases as early as the 40s or even the 30s.

To make sure they get a response, some employees remove traces of their veteran status, omitting dates they worked for previous employers and colleges they attended.

Some, like Richard S. of Los Angeles, retool resumes to omit years of work experience. At 62, Richard is still enthusiastic about working in public relations, the field where he was employed for more than 20 years. Unfortunately, he says, the recruiters that eagerly request his resume change their minds when he tells them how many years he's been employed.

"They think you're going to retire soon. They want someone with experience, but they don't want anyone who's old enough to have had that experience," he says. "I get five to six calls a week. I'm getting interest until I show up. Then they don't hire me."

Resumes aren't the only places where worried employees hope to erase the telltale signs of age. Between 1992 and 2005, plastic surgeons reported an increase in the number of men in their 50s, 40s, and even 30s who had cosmetic surgery in order to look younger. Liposuctions and eyelid surgery were two of the most common procedures. The primary motivation of these men? To compete successfully against more youthful employees in the workplace, according to the American Society of Plastic Surgeons.

Some research has backed up the claim that age discrimination is beginning earlier. A 1996 study of age-bias lawsuits by a Chicago-Kent College of Law professor found that 26 percent were filed by people in their 40s -- a jump from 18 percent, the figure reported in a study done just 10 years earlier.

"It used to be that people in their 60s were [considered] over the hill. Then it was people in their 50s," says Howard Eglit, the law professor who wrote the 1996 study. "These days, with the rapid change in technology, the increase in specialized types of knowledge, people in their 40s are over the hill. If the economy goes bad, you're going to see a real upsurge in lawsuits."

But proving age bias is extremely difficult, and that's why the majority of older workers who feel they've been discriminated against never file complaints. Most workers settle out of court and retire early. Of the yearly complaints filed with the Equal Employment Opportunity Commission (EEOC), less than 10 percent resulted in financial settlements for employees.

"It's an intimidating process. A lot of these people don't get to that level. They just get very discouraged and don't file a case," says Sheldon Steinhauser, a college professor and consultant on aging issues. "They're thinking, 'If I don't take that early-retirement package they're offering, I won't have any money.' "

Discrimination on the basis of age is often a subtle process. Steinhauser relates the story of one executive in his early 60s who went on vacation and returned to his office to find his belongings boxed up. He was reassigned to a new job with less responsibility, at first at the same salary. His younger replacement had no training in the field, Steinhauser says. Eventually the older executive was given more responsibility, but his salary was cut. He stayed on the job, feeling increasingly depressed and angry.

Although the number of age bias claims filed with the EEOC peaked in 1993, when it climbed to almost 20,000, that number has dropped a little more every year through 1999. An upward turn in claims started again in 2000 and reached almost 20,000 in 2002 and 2003. The number of cases in which investigators found "reasonable cause" for age bias also rose dramatically, from 2.2 percent in 1992 to 8.3 percent in 1999, before dropping down to 4.3 percent in 2006.

In 1996, for example, the EEOC settled an age-bias case brought on behalf of 2,000 former employees of the Martin Marietta Corp. for $13 million. The suit accused Martin Marietta of targeting older workers for layoff and forced retirement during the recession of the early 1990s.

Attorneys were not the only ones eagerly waiting on the Supreme Court's ruling in Roger Reeves' case. There are hundreds of older workers who contend their firings were age-related, and their bias suits are now before the state courts. One prominent California case was brought by 49-year-old John Guz. He sued construction and engineering giant Bechtel Group Inc., where he worked as a supervisor for 22 years. Guz claims he was fired unjustly, citing his consistently excellent job reviews and 17 merit raises.

Even as jobs expand faster than employers can fill them, many companies fail to take steps that would allow employees to keep working until they retire, even if it's only part-time.

In the Society of Human Resource Management and AARP survey, 73 percent of the human resources officials polled said their companies gave older workers no opportunity to work part-time, and only 61 percent allowed older workers to move into jobs with lower pay and less responsibility.

The two groups also surveyed attitudes about older workers, and although the respondents perceived these workers as more reliable and loyal, 66 percent agreed or strongly agreed with the statement that they are more afraid of learning new technology than their younger counterparts.

Even if all this (or your own experience) makes you worry that you'll be axed because of your age, Steinhauser advises keeping up a good front. "Companies continue to say they want employees who demonstrate their enthusiasm and energy," he points out. Even if you fear losing your job, "you want to make sure it doesn't become a self-fulfilling prophecy."

Filing a lawsuit, of course, is an option of last resort. It's expensive, time-consuming, and often emotionally wrenching, and victory is far from certain. Here are other things you can do to protect yourself against discrimination and keep your job:

•Keep your skills as up-to-date as possible. Investigate training opportunities, and make sure your supervisor knows you're willing to upgrade your skills in order to keep your job. If your employer pays for training courses to upgrade your skills, take advantage of them.

•Network with friends and former colleagues. Seek out organizations that help you with your resume and finding employers who are hiring, such as Forty Plus and job-search networks such as Exec-U-Net. Contact friends and former colleagues; use volunteer activities, list-servs, Web sites, service organizations, and social events, such as holiday parties, to renew your work contacts.

•Speak up. If you sense layoffs are coming, talk to a supervisor and find out when they'll occur and what criteria the company will use to make cuts, such as seniority or geographic location. Keep a record of your conversations. If necessary, contact a human resources director and explain your concern.

•Document discrimination. If you feel you're facing age discrimination, make a record of events, conversations, and memos that could strengthen a legal case if you decide to bring one. Keep copies of your job evaluations, and document conversations you have with supervisors and managers. Include the date, what you talked about, and names of other people who were present. Also keep track of talks with other workers who believe they've been victims of age bias. When you think you've amassed enough evidence, call an attorney for advice.

The Supreme Court's decision in the Reeves case serves as "a wakeup call" to businesses, according to Peter Petesch, a partner with the Washington D.C. law firm Ford and Harrison, which represents management on labor issues. Businesses will have to be more careful about how they terminate older employees, he says. If an employee's work is below par, he advises employers to document evidence to that effect and to be honest with the employee about the reasons for his dismissal.

The Society for Human Resource Management also has practical advice to help supervisors avoid age-bias complaints:

•When recruiting, make sure interviewers and job advertisements refrain from using terms such as "young aggressive types" and "junior executives." Ensure that interviewers do not ask age- or health-related questions, such as when an applicant graduated from college.

•Make sure age jokes are not a common part of the workplace humor. Even decorating a worker's cubicle with black balloons or banners reading "Over the Hill" on his or her 40th birthday could prompt a complaint.

•If you do have layoffs, make sure you keep a record of the age, gender and racial makeup of your workforce and that you document the business purposes for laying off workers.

•Consider offering early retirement incentive plans with attractive severance packages instead of forced layoffs.

•Keep performance evaluations up to date, so they can be used to support decisions on who gets laid off.

Richard S., the public-relations executive, says he networks constantly and has retooled his resume to remove dates that might give away his age. On top of that, he joined Forty Plus of Southern California, a group that helps out-of-work professionals over 40 find jobs. Forty Plus puts its members in touch with other older workers, who help writing resumes. In return for office space where they can make and receive phone calls, they staff the telephones and field questions.

Richard, who's doing freelance work on the side, posted his resume on the Forty Plus Web site. Nowadays, he reports that he's fielding a lot of calls. One of them, he's sure, will net him a job.

-- Psyche Pascual, a former Los Angeles Times reporter, is book and articles editor of Consumer Health Interactive.

Further Resources

Equal Employment Opportunity Commission (EEOC)

This federal agency enforces civil rights laws and provides education and help to older workers.

800/669-4000

http://www.eeoc.gov

AARP (formerly known as the American Association of Retired Persons)

Through its Foundation Litigation unit, this group advocates the interests of older workers and provides training and education through its local chapters. The group also has tip sheets on avoiding age discrimination in job interviews, writing resumes and networking on its Web site.

800/424-3410

http://www.aarp.org

Forty Plus of North America

This membership group was founded to help executive and professional workers over 40 find jobs. A list of chapters can be found at

http://www.40plus-dc.org/OtherChapters.cfm

References

First published June 21, 2000
Last updated March 28, 2007
Copyright © 2000 Consumer Health Interactive

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