The Age Discrimination in Employment Act of 1967 makes it illegal to discriminate against employees aged 40 and up. Federal law applies to employers with 20 or more employees.
In Texas, for example, it’s illegal for private employers with 15 or more employees to discriminate based on age. A Federal Court has ruled that age discrimination is only illegal against employees, but AARP has asked the Supreme Court to weigh in.
The EEOC received over 16,000 age discrimination complaints in 2018, which is lower than previous years, but it’s not something your business wants to deal with. Age discrimination just cost one Texas employer more than $85K for casting off an older worker. Avoid costly claims and fines by making sure that your workplace is discrimination-free.
1. Watch how you describe jobs.
Identifying a position for a “young” tech-savvy college student could be misconstrued as age discrimination. Avoid using terminology that makes indicates that a person must be younger to fit into your culture. Rather than try to find the right words to fit the person you’re looking for, describe the job itself.
2. What information do you really need on a job application?
It’s not illegal to ask a person’s age or when they graduated high school, but it is illegal to use that information in determining whether you’d hire them or not. Asking for that information could be used as evidence that age influenced a hiring decision. Choose questions carefully on your company’s job application. Talk to a good recruiting specialist or lawyer to help you stay out of trouble.
3. Watch what you say during interviews.
Collecting information about someone’s age during an interview could also get you into hot water. Don’t bring up children or grandchildren. It seems innocuous enough, but if the person makes a complaint to the EEOC, it could come up again.
Make sure interviewers know what types of questions could be inappropriate. Have a structured interview guide that provides consistency across applicants, regardless of age. It is also a good idea to keep good records about how decisions were made.
4. Be aware of diversity and implicit biases in the hiring process.
There’s plenty of research that demonstrates implicit bias in hiring. Implicit bias describes the attitudes we have toward others that we’re not really conscious about. This could include stereotypes about retirement or that an older person might be uncomfortable working for a younger manager. Implicit bias is what makes you choose someone based on a similarity to yourself, rather on their skills. Look around your office and see if you have a diverse workplace.
5. Avoiding age discrimination isn’t about quotas.
To fight age discrimination, you can’t just focus on how many people you employ of a certain age group. You have to really look at the overall culture of your organization. Telling hiring managers to hire someone over the age of 65 doesn’t change attitudes.
Educate your managers about age discrimination. Encourage your team to interact with people of all ages, whether through volunteerism, classes at the local college or book clubs. Eliminate biases that cause age discrimination by widening your social circles. Seniors bring a lot of experience and soft skills to the workplace that can benefit your business.
Bottom line: Don’t discount someone based on age.
What small business owners can learn from Starbucks’ new D&I strategy
(BUSINESS) Diversity and inclusion have been at the forefront of Starbucks’ mission, but now they’re shifting strategy. What can we learn from it?
Starbucks was one of many companies that promised to focus on diversity and inclusion efforts after the death of George Floyd by Minneapolis police in 2020. What sets Starbucks apart from other companies were its specific goals.
How It Started
They began with hiring targets and have now added goals in corporate and manufacturing roles. Starbucks’ plans and goals revolve around transparency for accountability. They released the annual numbers for 2021 as a way to help hold themselves accountable. The data they’ve released so far show that they’ve met nearly a third of their 2025 goals according to Retail Brew. Because of this information, we can see why they are choosing to move in the direction of manufacturing and corporate jobs. In 2021, POC’s fell to 12.5% of director-level employees from 14.3% in 2020 in manufacturing.
How It’s Going
Per Starbucks’ website stories and news, “[I]t will increase its annual spend with diverse suppliers to $1.5 billion by 2030. As part of this commitment, Starbucks will partner with other organizations to develop and grow supplier diversity excellence globally.” To put that into perspective, they spent nearly $800 million with diverse suppliers in 2021. With these moves, by 2030, it will increase by almost double.
As part of their accountability and progress, they plan to partner up with Arizona State University to give out free toolkits to entrepreneurs on fundamentals for running successful diverse-owned businesses. Another goal they’ve listed is to boost paid media representation by allocating 15 percent of the advertising budget to minority-owned and targeted media companies to reach diverse audiences.
At the heart of all this information on their goals and future plans, data transparency and accountability are what’s forcing them to look at the numbers to make specific goals. They are doing more than just throwing money at the problem, they are analyzing how they can do better and where the money will make a difference. Something that, as entrepreneurs, we should all do.
Peloton is back-pedaling: Reports of price increases, layoffs, and cost cuts
(BUSINESS) After a recording of layoffs leaks, ‘supply chain’ issues cause shipping increases, and they consult for cost-cutting, Peloton is doomed.
Is Peloton in Trouble?
According to many reports, Peloton had success early in the pandemic when gyms shut down. Offering consumers a way to connect with a community for fitness along with varying financing options allowed the company to see growth when many other industries were being shuttered.
After two years, CNBC reports that the company is “being impacted by …supply chain challenges” and rising inflation costs. According to the report, customers will be paying an additional $250 for its bike and $350 for its tread for delivery and setup.
As demand has decreased, Peloton is also considering layoffs in their sales and marketing departments, overheard in a leaked audio call. The recording details executives discussing “Project Fuel” where they plan to cut 41% of the sales and marketing teams, as well as letting go of eCommerce employees and frontline workers at 15 retail stores.
Nasdaq reported that the stock fell 75% last year, after a year where it soared over 400%.
Peloton reviewing its overall structure
According to another report from CNBC, Peloton is working with McKinsey & Company, a management consulting firm, to lower costs as revenue has dropped and the growth of new subscriptions has slowed since the pandemic. Last November, according to NPR, Peloton had “its worst day as a publicly-traded company.” It also anticipates greater losses in 2022 than originally predicted. It makes sense that the company would reexamine their strategy as the economy changes. They aren’t the only one that is raising prices amid supply chain issues.
It will be interesting to watch how Peloton fares
Peloton has a large community that pays a monthly fee for connected fitness. While growth has slowed, the company still has a strong share of consumers. Although it is facing more competition in the home fitness market and more gyms are reopening, as Peloton adjusts to the new normal, it should remain a viable company.
CEO is offering folks thousands to *quit* their jobs, with one catch
(BUSINESS) A CEO out of Arizona is challenging employment norms by offering a sort of “sign-off” bonus upfront, but this method has one fatal flaw.
Chris Ronzio, the CEO of Trainual, a software company in Arizona that aims to systemize and scale your small business, is offering cold hard cash to quit your job in an unconventional ploy to bypass the effects of the Great Resignation.
Before you rush to turn in your notice and make some extra cash, you should know that this offer is dependent on being selected as a hirable candidate and making it through the hiring process for Trainual. This option is also offered to new hires after 2 weeks of employment.
This model of employment gives the employee the ability to fire the company and walk away with a little sum of money. The thought process of the CEO was outlined in an article by the Insider, saying it is a strategic move to retain top talent and maintain a strong company culture. While this is a unique approach…it has a glaring flaw. The offer is only good for the initial two-week period. However, it can take some time to recognize the shortcomings of any company when you begin employment. We can all recognize the long-term financial potential of reoccurring income and while $5,000 is not anything to shake your finger at, it will eventually be gone. I think we can all agree that constructive criticism can be difficult to swallow at times, however, if Trainual was truly invested in this model they would extend the offer at other key times during employment. What if this offer was again available at the 1-year mark? If the offer reappeared at a one-year review, the turnover may increase.
Per the Insider article, Ronzio was quoted as saying, “With today’s market, hiring teams have to move quickly to assess candidates and get them through the process to a competitive offer, so it’s impossible to be right 100% of the time,” Ronzio said. The CEO added, “The offer to quit allows the dust to settle from a speedy process and let the new team member throw a red flag if they’re feeling anything but excited.”
These statements detail another dimension to consider which is the employment hiring process and timeline. If top candidates are in such high demand that the process has to be sped up to secure a workforce, this monetary compensation can help to ensure the hiring decision. Although, when the offer was implemented in May of 2020, the offer was $2500, half of what it is now. Ronzio reasoned that they could stay while they looked for another job so they increased the amount to compensate for those with a higher salary range.
Let me preface this by saying that yes, accountability should exist, but I would be interested to know the turnover rate for the hiring team. The cost to the company from this unique approach adds extra weight for those making the decisions on who to hire. The stress the hiring team faces has to be factored into the candidate decisions. How many times can the hiring team get it wrong before they’re let go? While the pressure to hire the right candidate should always factor in, one has to wonder about the effects of this model.
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