On June 11, 2024, a class action lawsuit was filed by the AARP Foundation and two law firms in U.S. District Court in Massachusetts. The complaint accuses RTX Corporation, formerly known as Raytheon Technologies, of discriminating against older workers, specifically through “Recent Graduate” employment ads.
The complaint reads, in part:
“The language and content of these job advertisements discourages and deters many older workers from even applying for the Recent Graduate Positions and prevents older workers who do apply from advancing in the hiring process because too much time has passed since they graduated … and/or entered the workforce.”
The suit claims the ads indicate a preference for younger workers in violation of the federal Age Discrimination in Employment Act (ADEA).
While the only named claimant is Mark H. Goldstein, it is being brought on behalf of “all others similarly situated.”
Goldstein, a 67-year-old engineer, has some forty years of professional experience, including as a contractor for the U.S. Department of Homeland Security. He has held a federal government security clearance and has certifications in information security and privacy.
Goldstein applied for at least seven positions at Raytheon between 2019 and 2023. The suit alleges that he met all qualifications for the “Recent Graduate” positions except for those which referenced recent degrees and short duration of experience. He was not granted interviews for any of the positions.
The complaint said:
“Despite the fact that Mr. Goldstein has been genuinely interested in a position with Raytheon, committed to relocating, if necessary, and has skills that Raytheon needs to address a years’ long labor shortage, Raytheon has not hired Mr. Goldstein for any of the positions to which he applied, has never offered him an interview, and has failed to seriously consider Mr. Goldstein’s applications based on his age.”
The EEOC is on board
The Equal Employment Opportunity Commission (EEOC) in 2021 already found that Goldstein’s complaint has merit. A letter from the EEOC stated at that time that its “investigation revealed that [Mr. Goldstein] was denied the opportunity to be considered for the [Recent Graduate Positions] he had applied for because of his age, and not because he did not meet the minimum qualifications required for the jobs.”
After Raytheon slightly modified the ads in question, Goldstein filed another claim in 2023 with the EEOC, which it is still investigating.
Just another example of age discrimination
Targeting job ads to younger workers with less experience is just one way companies discriminate. Another is firing older workers under the guise of layoffs or “restructuring.” For example, a 2018 investigative report by Pro Publica in association with Mother Jones found that IBM “targeted people for layoffs and firings with techniques that tilted against older workers” and “told some older employees being laid off that their skills were out of date, but then brought them back as contract workers, often for the same work at lower pay and fewer benefits.”
In September 2023, two plaintiffs ages 62 and 66, both top-performing HR professionals with decades of experience, brought a suit against IBM alleging they were unlawfully terminated because of their age. The suit claims job cuts included “IBM’s best and brightest” HR workers, who “were also some of the Company’s oldest and most senior HR partners.”
Why the class action lawsuit is important
For years, companies have used job requirements to classify older workers as “over-qualified” for positions — effectively a form of age discrimination. Even when older workers are willing to take a cut in salary requirements to accommodate hiring companies, they are excluded from consideration as a matter of course.
It is common practice to discriminate using a number of devious methods that are unethical and immoral even if not blatantly unlawful. Despite the existence of the ADEA, proving age discrimination in the courts has not been easy.
The most recent class action lawsuit brought against RTX Corporation is significant because it directly challenges the use of employment advertising that openly discriminates against older workers.
Going forward, such a suit if successful could have vast implications, because projections indicate that one in four U.S. workers will be 55 or older by 2032, and almost 10 percent of them will be 65 or older.
This article originally appeared in "Crow's Feet," a Medium publication. You can find the original article here: https://medium.com/crows-feet/older-workers-have-had-enough-79be170b4101?sk=67e813cd316071fdc84985924b6919a0
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