We Need “Young Creative People” Not Proof of Age Discrimination

Frank Kollman
Frank Kollman
09/21/2011

A federal court in New York has found that pro-youth remarks are not enough to establish that an older worker was the victim of age discrimination.   Mickelsen v. Bertelsmann Inc., No. 08-cv-10138 (S.D.N.Y., September 19, 2011).

Apparently, someone had commented that startup companies did well because they are “full of young creative people who are determined to turn their ideas into products in the shortest time.”  A year later, a corporate official was heard to say that the company “must concentrate much more on becoming attractive for top young talent.”

In a display of commonsense and rationality, the Court held that valuing youth does not mean that the company does not value maturity and experience.  Every company needs young workers to replace older workers who retire or move on, and young workers do tend to have a different view than workers who have been with the company for many years.

While we do not recommend starting a campaign to recruit ONLY younger workers (still a problem under the Age Discrimination in Employment Act), it appears fine to notice that younger and older workers bring different skills to the workplace and acknowledge the value of having both.

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