Fired is the New Retired
The idiocy of axing older employees.
This may be the worst time in the last 60 years to be old and looking for work. Some 6.8 percent of workers over 55 are unemployed (not as bad as for younger workers, but still a historic high). You have to go back to 1949 to find employment stats nearly (but not quite) as bleak as they are now. The bad news does not stop there. On average, it takes employees over 55 roughly 33 weeks to find new jobs, nearly seven weeks longer than for younger workers, and nearly 13 weeks longer than it took just two years ago. Bad as things are, the Supreme Court has made them even tougher—at least for those who believe they are victims of age discrimination and are inclined to try to prove it. (Click here to follow Ellis Cose).
The court's 5-4 ruling last June came in response to a suit filed by a demoted employee, Jack Gross, under the Age Discrimination in Employment Act (ADEA) of 1967. It was not sufficient, concluded the majority, to show that age was among the reasons for an employee's bad treatment; age had to be the reason. In his dissent, Justice John Paul Stevens called the decision "unnecessary lawmaking." The majority, he said, misread Congress's intentions. Last month, in introducing legislation to nullify that decision, Senate Judiciary Committee chair Patrick Leahy also accused the court of thwarting congressional intent.
At a Judiciary Committee hearing focused on recent Supreme Court workplace decisions, Jack Gross told his story. (The committee also heard from a former Halliburton employee who says she was raped by coworkers in Iraq but was denied the right to sue because she had unwittingly signed a binding arbitration agreement.) Born in 1948 in a small Iowa town, Gross grew up imbued with the value of hard work. As a schoolboy, he labored at numerous jobs despite the constant pain of ulcerative colitis. As an adult, he found work with Farm Bureau Life, an insurance company, and eventually became a vice president. But in his 50s, he was abruptly replaced by a younger woman. The company, he surmised, was systematically trying to weed out older workers. A jury found in his favor but an appeals court vacated the verdict. The case eventually made its way to the Supremes, whose decision "mortified" him.
The AARP was similarly disturbed—especially in light of statistics showing a 29 percent jump in age-discrimination complaints from 2007 to 2008. Dan Kohrman, senior attorney with AARP, concedes that the numbers don't necessarily prove a commensurate rise in age discrimination, but he insists they show something bad is going on. During hard times, he says, many employers resort to "crude practices" that drive older workers away. They may force supervisors to rank employees on subjective criteria—such as mental "flexibility"—that are essentially a license to discriminate. Or they generate paperwork alleging drops in performance that have no clear explanation.
Linda Barrington, an economist with the Conference Board, agrees that older workers are often stereotyped. Obesity," she observed, "is more of a health-care cost than age for those between 30 and 50." And older workers show every bit as much stamina as younger workers when called upon to put in long hours. Yet in all too many cases, employers see age as a much larger liability than it is.
Earlier this year, after another Supreme Court ruling made it harder for women to fight discrimination in pay, Congress passed the Lilly Ledbetter Fair Pay Act to restore rights many legislators assumed they had already protected. Congress ought to do the same for older workers, who should be given every legal weapon they need to fight discrimination. But even if that happens, age discrimination will not simply go away. Very few workers have the resources to bring a case to court. As Joanna Lahey, an economist with the Rand Corporation, has noted, "the majority of people who sue under the ADEA are white, male middle managers or professionals." And even if more people did have the financial resources to sue, many who are discriminated against don't have the smoking gun that will prove their case. They may just know the job or promotion they wanted went to someone else.
The larger problem, as Barrington points out, is how we tend to view people, the stereotypes we impose on workers of a certain age. It would be great if correcting that were as simple as changing a law. Instead, we face the more daunting task of changing ourselves.
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Ellis Cose, author, columnist and contributing editor (since 1993) for Newsweek magazine and former chairman of the editorial board and editorial page editor of the New York Daily News, began his journalism career as a weekly columnist for the Chicago Sun-Times—becoming, at the age of 19, the youngest editorial page columnist ever employed by a major Chicago daily. Cose, who is also an independent radio producer, is a popular campus lecturer and public speaker.
In addition to serving as a columnist, editor and national correspondent for the Chicago Sun-Times, Cose has been a contributor and press critic for Time magazine, president and chief executive officer of the Institute for Journalism Education, chief writer on management and workplace issues for USA Today (where he has also served as an occasional columnist and member of the board of contributors) and a member of the editorial board of the Detroit Free Press. He has also been a fellow at the Gannett Center for Media Studies at Columbia University, at the National Research Council/National Academy of Sciences, a senior fellow and director of energy policy studies at the Washington-based Joint Center for Political Studies, and a consultant to the Ford and Rockefeller Foundations.
Cose's Bone to Pick: On Forgiveness, Reconciliation, Reparation and Revenge, was published by Atria (a Simon and Schuster imprint) in April 2004. The book is a wide-ranging look at a number of societies—the United States, Ghana, South Africa, East Timor, and Peru among them—and their ways of coping with cruelty and pain. The Washington Post had this to say: "The complex questions surrounding 'forgiveness, reconciliation, reparation, and revenge' probably require a scholarship of jurisprudence, philosophy, psychology, history and literature. This is the kind of ambitious enterprise that the world's great religions deal with. But Cose meets the challenge, and Bone to Pick ranges over centuries of contested histories, across five continents, spinning individual tragedies in and out of collective traumas, seeking the nature of 'forgiveness, albeit as a proxy for a larger set of values.' … The truth may be a prized (and politicized) commodity in the quest for social justice, but as Cose observes, quoting Czech novelist Milan Kundera, 'The struggle of man against power is the struggle of memory against forgetting.' Bone to Pick is a timely reminder of that axiom and a useful addition to the canon of that struggle."
Cose's The Envy of the World, an in-depth essay on the state of black men in America, was published by Washington Square Press (an imprint of Simon and Schuster) in 2002 and has appeared on several best-seller lists, including the Essence magazine list, where it was number one. Newsweek featured the book on its cover and National Public Radio produced a special a program based on it. Kirkus Reviews called The Envy of the World, "A slender volume with a substantial and significant message." The Washington Post described it as "lucid, eloquent and deeply personal book." The Chicago Tribune called its author "a gifted, rhapsodic essayist." "Cose charts both an urgently argued history of black masculinity and a moving and nuanced snapshot of where it is now," declared Publishers' Weekly. The paperback edition was published in January 2003.
In May 2004 the Rockefeller Foundation issued Beyond Brown v. Board: The Final Battle for Excellence in American Education—a major report authored by Cose on the legacy of the historic Brown v. Board of Education school desegregation decision and the current challenges facing American educators. The report was the basis of a Newsweek cover feature and for a David Broder column and other stories in the national press. In November 2006, the Institute for Justice and Journalism at USC's Annenberg School published Cose's Killing Affirmative Action: Would ending it really result in a better, more perfect Union? That report, featured in several newspaper and in Newsweek magazine, examined California's 10-year experience living with Proposition 209, the measure that ended affirmative action in the public sector in California.
Cose's best-selling The Rage of a Privileged Class, a book-length essay on race in America, was published by HarperCollins in January 1994. It was featured as a Newsweek cover story and described by The New York Times Book Review as a "disciplined, graceful exposition of a neglected aspect of the subject of race in America." His A Man's World (published by HarperCollins in June 1995), was featured in a front page review in The New York Times Book Review. The Washington Post called it "a valuable, cogent and well-written contribution to an enormously complex subject."
Color-Blind: Seeing Beyond Race in a Race-Obsessed World (published in January 1997 and also excerpted in Newsweek) explored America's continuing obsession with race. The New York Times Book Review called it "a book this country desperately needs, one with genuine healing potential," and included Color-Blind among its best book of the year recommendations for 1997. Cose edited an essay collection entitled The Darden Dilemma published by HarperCollins in March 1997. His debut novel, The Best Defense, was published by HarperCollins in September 1998 ("a formidable first novel...crisp, fast-paced and engaging. In a genre glutted with lightweight fare, The Best Defense reaches higher"— The Seattle Times).
Cose is also the author of A Nation of Strangers, a history of American immigration, published by William Morrow and Co. in 1992 and of The Press, published by Morrow in 1989. He is the author of Energy and the Urban Crisis (1979) and the editor of Energy and Equity: Some Social Concerns (1978), both published by the Joint Center for Political Studies. He also wrote The Rebirth of Community Power, published by Westview Press: 1983.
At the Institute for Journalism Education (at the University of California, Berkeley), Cose designed and directed a widely quoted study on journalism careers published by IJE: The Quiet Crisis: Minority Journalists and Newsroom Opportunity (1985). He also instituted and served as inaugural director of IJE's Management Training Center at Northwestern University.
In his capacity as president of Ellis Cose, Inc. Cose has produced, written and hosted the pilot for a multimedia documentary series: "Against the Odds." The radio project (which has received funding from the Ford Foundation and will be distributed by Public Radio International) profiles individuals who have overcome tremendous adversity. It aspires to provide continuing and better coverage—in public radio but also on the web and in other media, including print—of people and communities often relegated to the margins of society. It also aims to stimulate thinking on how they, and their respective societies, can overcome that marginalization. The pilot focuses on a young man from a refugee camp in northern Kenya who, studying by the light of a rechargeable lamp, managed to get himself into Princeton University.
Cose has appeared on The Today Show, Nightline, Dateline, ABC Evening News, Good Morning America, the PBS "Time to Choose" election special, Charlie Rose, CNN's Talk Back Live, and a variety of other nationally televised and local programs. He has been interviewed for British, Brazilian and Canadian television. He is also a judge for the New York Public Library Helen Bernstein Book Award for Excellence in Journalism. Cose has received fellowships or individual grants from the Ford Foundation, The Andrew Mellon Foundation, the Rockefeller Foundation, the Aspen Institute for Humanistic Studies, and numerous journalism awards—including the University of Missouri medal for career excellence and distinguished service in journalism, two Clarion awards, and four National Association of Black Journalists first place awards. He was also named the 2002 winner of the New York Association of Black Journalists' lifetime achievement award, winner of the 2003 award for best magazine feature from the National Association of Black Journalists as well as the winner of two New York Association of Black Journalists' first place 2003 awards for commentary and magazine features. In 2004 Cose was named the first recipient of the newly inaugurated annual Vision Award from the Maynard Institute for Journalism Education. In 2006 he won a Unity award for commentary and also shared in a first place award from the Society of Professional Journalists.
A Chicago native, Cose holds a master's degree in Science, Technology and Public Policy from George Washington University. He is married to Lee Llambelis, former legal director for the Puerto Rican Legal Defense and Education Fund and current director of intergovernmental relations for the Attorney General of New York. He has a daughter, Elisa Maria.
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