Over 40? Here's Some Job Tips for You

By Rachel Beck -- AP Business Writer

NEW YORK (AP) — Trouble in the job market is bad news for all workers, but those over 40 may be finding these days particularly unnerving because they fear younger employees with smaller paychecks could poach their positions.

That's the wrong way to think about the current job environment. Older workers, who make up nearly half of the 141 million U.S. work force, should play up their talents and experience. After all, their background likely exceeds that of their younger colleagues, employment experts say.

They also should know their rights under the law, because that will help them watch for and fight any possible discrimination. Employers can't terminate workers because of their age.

The workplace should be "gray blind," just like it is blind to race, religion and gender, said Martha Finney, an author specializing in workplace issues who wrote the new book "Rebound: A Proven Plan for Starting Over After A Job Loss."

"You should never be judged by your age. It should always be about performance," Finney said.

To help make that happen, here are some tips workers over 40 should keep in mind:

REMAIN CONFIDENT:

Just because the job market is tough these days, don't assume that the over-40 crowd is going to be first to be let go. Believing that may affect one's job performance.

In fact, older workers haven't necessarily been singled out during the current recession. The unemployment rate for those age 45 to 54 rose to a high of 6.6 percent in March and was 6.4 percent in April, according to the Labor Department.

While that was the highest since the winter of 1983, it still trails the 8.9 percent unemployment rate in April for the total U.S. work force.

KNOW YOUR RIGHTS:

The Age Discrimination in Employment Act of 1967 protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA's protections apply to both employees and job applicants. That means it is unlawful to discriminate against a person because of his or her age during the hiring, firing, promoting, laying off, training or compensating of an individual.

Discrimination can come in two forms. An employee can claim the employer treated him or her differently than other employees or set standards that alienated certain age groups. That is known as "disparate treatment."

The other form is known as "disparate impact" and that has to do with how an employer's practices may benefit one group over another, even if there was no intent for discrimination.

In 2008, age discrimination complaints rose 30 percent from the year before, according to the Equal Employment Opportunity Commission.

But proving age discrimination isn't easy. Of the 24,582 cases of age discrimination the EEOC received last year, only 18 percent of those were resolved with outcomes favorable to the plaintiff.

"There is a direct correlation between bad economic times and uptick in discrimination claims," said Paul Lopez, who chairs the labor and employment practice at the Fort Lauderdale, Fla., law firm Tripp Scott. "But they are difficult claims to pursue and prosecute."