Of Hoodies And Hoverboards: Age Discrimination In Tech

Is there such a thing as age discrimination in the World of the Future – the tech industry?

“Looking For Digital Native.” Ever see that job ad? Think it’s neutral and non-discriminatory?

Is there such a thing as age discrimination in the World of the Future – the tech industry?

Yes. “Everybody knows that.” In fact, next to sexual harassment, this is likely the most explosive topic in the Valley.

Tech startups and giants are known/notorious for encouraging/fostering a youth culture — like a continuation of college frats/sororities for twenty-somethings. With that come the inevitable problems of sexual harassment and also age discrimination.

I remarked earlier that “Ageism in the workplace is unabashedly rampant worldwide, with no sign of changing.” I quoted Quoctrung Bui in the New York Times who reported that in a recent study, “people over 55 are being ‘funneled’ into ‘old-person’ jobs: ‘a mix of high-skill service work (like managers, sales supervisors and accountants) and low-skill service work (like truck drivers, janitors and nursing aides).‘”

Old-person jobs. If that sounds bleak, it is.

Hoodies and Hoverboards: “Adherence To Cliché”

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And it’s worse in tech. Bob Violino quotes an EEOC attorney as saying, “Large percentages of IT professionals see age discrimination as a serious problem, and leaders in the tech industry boast of their preference for young workers.”

I previously quoted Hannah Kuchler in FT Magazine: “In San Francisco, I can go days without meeting anyone middle-aged. Young entrepreneurs are easy to spot because of their adherence to cliché, from their hoodies to their hoverboards. … In Silicon Valley, the same people who are enraged by sexism and racism often ignore ageism.”

Cath Everett wrote about ageism in the tech industry in Diginomica and quoted HR consultant Gareth Jones:

“The general narrative in the tech industry is age-biased and the focus is on Millennials. The situation is particularly acute on the coding side of things, and there’s a general acceptance that you don’t need to worry about the fact you’re not employing older people as it’s not a politically sensitive issue in the same way that things like gender are.”

And she reported on a study by PayScale which showed that “the median employee age across the 18 large, well-known US tech companies it analysed was 37, compared to a U.S. average of 42. But there was a marked difference between older, more established companies.”

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Companies such as HP, Oracle and IBM showed a median employee age of 36-37, while Facebook, Amazon and Google’s median employee age was 29-30.

I used to think that was old – funny how things change.

“Digital Native” – Same As “New Blood”?

For years I’ve posted about new court decisions on age discrimination in the workplace which turn on “ageist code” – words, phrases and/or metaphors that stand in for “old.”

“New blood” has been seen as code for “younger” for awhile, and the EEOC settled a recent case where it was alleged that a company owner claimed that he wanted “younger and peppier” employees when he fired a 52-year-old employee. Now comes a whole new genre of ageist code, nicely dovetailing with cutting edge 21st century technology.

“Digital native” is a big one these days: it is seen as synonymous with “new blood.”

Lisa Nagele-Piazza and Jon Steingart report in BNA.com that “’Digital native’ is generally used to describe people who grew up using digital technology.” But posting job ads seeking “digital natives” may very well violate the Age Discrimination In Employment Act (“ADEA”), since “digital natives” are by definition under a certain age. (What age is that, exactly?).

The reporters cite one employment lawyer, Tom Spiggle of Arlington, Virginia, who said that “my antenna always goes up when I see job ads that use terms like ‘new blood’ or ‘digital native.’ … employers can get themselves into hot water when they assume that they need younger workers to fill certain roles.”

The also quoted Dan Kohrman, an AARP Foundation attorney: “if you think about how many people in their 40s or 50s have been working in the technology field for years, the idea that ‘young’ equals ‘tech savvy’ is kind of outdated itself.”

Their Advice Culled From These Professionals

Best practices?

(1) Focus on job applicants’ abilities rather than generational stereotypes;

(2) be specific about skills;

(3) make sure people who are already in the job get the training they need to learn new technology; and

(4) “use multiple outlets for recruiting.”

That’s it! Don’t limit your recruiting to college campuses. Brilliant!

Can There Be A Multi-Generational Workforce?

This is the HR mantra du jour. But has it been, or can it be achieved?

Can’t we all just get along?

Philip Taylor, an Australian professor, notes that “The generations are at war, or so we are led to believe. According to research, so-called Millennials, those born between 1980 and 1995, believe they cannot move up career ladders because the baby boomers, those born between 1945 and 1964, are blocking the way.” But, he says, “There is a need to challenge those who would have us view current economic and social transformation through the lens of generational conflict.”

“Research studies,” Taylor notes, “have failed to demonstrate most of the supposed attributes of different generations. Notably, no evidence has been found for generational differences in some work motivations (e.g. job security and good pay),” and certain workplace behaviors such as, e.g., job mobility, disciplinary action, and willingness to work overtime.

Maybe we can all just get along! Chuck the generational stereotypes! Although it may take a while … like when the Millenials get old, maybe 40.

Is There An Alternative?

I’m glad you asked.

Indeed, a South Korea-based content monitoring startup, EverYoung, hires only people over 55!

Imagine that!

“The company rosters their workers on four-hour shifts, and makes it compulsory to have a 10-minute break every 50 minutes,” reports Lam Shushan in CNA Inside. “The office is decked out with a chic pantry, a breakout area with couches and books, and even a blood pressure machine that staff can use during their break time.”

Couches and books??? No pool tables or video games? Or Milk Duds? You call this a workplace?

He quoted an 83-year-old employee: “I try to keep up with the times and I’m eager to learn new skills again. I have picked up so many new IT skills here and enjoy coming to work every morning because of that.”

Takeaway

Blood pressure machines instead of video games? I’ll take it if it levels the playing field.


richard-b-cohenRichard B. Cohen has litigated and arbitrated complex business and employment disputes for almost 40 years, and is a partner in the NYC office of the national “cloud” law firm FisherBroyles. He is the creator and author of his firm’s Employment Discrimination blog, and received an award from the American Bar Association for his blog posts. You can reach him at Richard.Cohen@fisherbroyles.com and follow him on Twitter at @richard09535496.

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