Proving Age Discrimination Is Difficult

As baby boomers continue to work past retirement age, age discrimination lawsuits are becoming more common. Two out of three workers between ages 45 and 74 say they have seen or experienced age discrimination, according to AARP. However, experiencing it and proving it are two different things.

The federal Age Discrimination in Employment Act (ADEA) forbids employers with 20 or more employees to discriminate against people who are age 40 or older. The law prohibits an employer from discriminating in hiring, firing, wages, job assignments, promotions, or any other aspect of employment. It is also illegal to harass employees based on their age.  (Your state may have its own laws regarding age discrimination as well.)

If you believe you have been the victim of discrimination, the first step is filing a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC will investigate the claim and determine if the evidence shows that discrimination has occurred. If the case isn't settled, the EEOC can sue the employer who discriminated or it can give the employee or job applicant the right to sue the employer.  

Providing evidence of discrimination is the difficult part. Direct evidence of discrimination--for example your boss telling you he is firing you because you are too old—is very rare. Instead, the signs are usually more subtle. Evidence of discrimination could include the following:

• Your employer makes frequent comments about your age
• Your performance reviews start going down as you get older
• You are disciplined for behavior that younger employees are not disciplined for
• Younger employees are getting hired and promoted more frequently than older employees
• You are reassigned to unwanted or unpleasant tasks while younger employees get better assignments

The fact that your employer replaced you with a younger worker, or an employer hired a younger applicant, isn't enough to prove discrimination. You need to show a pattern of behavior. The U.S. Supreme Court didn’t help matters by ruling in 2009 that plaintiffs must meet a higher standard of proof for age discrimination than for other types of discrimination.

Suing for discrimination can take a lot of time, effort, and money. You need to decide if it is worth it. Rather than going straight to a lawsuit, it may be possible to use evidence of discrimination to negotiate a better deal with your employer.

If you feel you may be the victim of age discrimination, it is a good idea to keep a log of any comments or actions that appear discriminatory. You should also contact an attorney who specializes in employment law and have him or her review any documents you receive from your employer before you sign them.

Adding to Uncertainty for Scam Targets, the IRS Now Allows Private Debt Collectors to Dun Taxpayers

In a move that could be confusing to seniors who are vulnerable to scams, the IRS will begin using private debt collection agencies to collect past-due taxes. The new program will begin in April 2017.

Authorized by a law Congress passed in December 2015, the IRS may now contract with private debt collectors to collect certain debts. The private collection agencies can work on accounts in which the taxpayer owes money, but the IRS is no longer actively working on the account, perhaps because the account is older or the IRS does not have resources to continue pursuing it.

Historically, scammers have posed as the IRS to target seniors and other vulnerable adults to retrieve identifying information or payment. Up till now, tax professionals have been able to reassure clients that the IRS would never harass consumers over the phone. However, under this new rule, private debt collectors may contact taxpayers by phone, which may make it more difficult to determine whether a scammer is targeting the taxpayer.  

The IRS will notify taxpayers by mail if it is turning their case over to a private debt collector. In addition, the debt collector is required to send a written notice once it receives the taxpayer's information. The collection agencies are required to abide by debt collection laws, which prevent debt collectors from harassing consumers. 

The IRS has contracted with four debt collection companies:

• Conserve, 200 CrossKeys Office Park, Fairport, NY 14450
• Pioneer, 325 Daniel Zenker Dr, Horseheads, NY 14845
• Performant, 333 N Canyons Pkwy, Livermore, CA 94551
• CBE Group, 1309 Technology Pkwy, Cedar Falls, IA 50613

To avoid scams, remember that private collection agencies will only ask for payments to be made online at IRS.gov or by check. Checks should be made payable to the U.S. Treasury and sent directly to the IRS, not the private collection agency. The collection agency will not ask for payment on a prepaid debit, iTunes or gift card.