The Equal Employment Opportunity Commission (EEOC) has reported that age discrimination claims have spiked precipitously since 2007. When considered alongside the U.S. Supreme Court’s decision last year to raise the burden of proof that plaintiffs must provide in age discrimination cases, this bump in claims has alarmed many policy analysts.
With the graying of the Baby Boomer generation — according to non-disputed numbers, around 10,000 seniors become eligible for Social Security every weekend — many believe that our society is in some ways reaching a crisis point. Today’s seniors face a difficult economy, more market volatility, slashed retirement funds, and a legal environment in which it is more and more difficult to file successful age discrimination cases.
Moreover, the courts likely only see a fraction of cases that could be brought. Many discouraged seniors — who either don’t get hired, don’t get a due promotion, or get fired unfairly — choose to look for a new job instead of to pursue legal recompense. Likewise, many would-be claimants simply do not have enough support or confidence in their allegations to take matters to court.