The gray divide: aging and employment in Utah's tech sector.

• Author: Beers, Heather
• Position: SPECIAL REPORT: AGE DIVERSITY

When fine lines turn to creases and those three gray hairs proliferate into hundreds more, many workers across the country get anxious about job security. They have good reason. Experts recently convened in Washington, D.C., to warn the U.S. Equal Employment Opportunity Commission that age discrimination is alive and kickin'--even though it's been 50 years since the passing of the Age Discrimination in Employment Act.

In a press release issued after the public meeting, the EEOC cited a 2017 AARP survey, stating, "Nearly two-thirds of workers age 55-64 report their age as a barrier to getting a job." The release also stated, "Laurie McCann, a senior attorney for AARP Foundation Litigation, cited hiring discrimination and mandatory retirement as persistent problems that older workers face across industries."

The trend for age discrimination seems especially strong in the tech sector, with a USA Today article from late last year citing 90 age-related complaints against leading Silicon Valley companies since 2012.

With that kind of dour outlook, what about the local hiring scene? Does widespread age discrimination hold true in the Beehive State--particularly in the technology sector, which has a reputation as a millennial stronghold? Do Utah tech companies, many founded by youngsters, tend to hire their own?

Best practices

"When I was in law school, one of my professors said to departing students, that law firms' hiring decisions will often come down to, 'Is this person a PLU?' meaning a Person Like Us. There's a whole lot of baggage associated with that acronym, but fundamentally I think there is a tendency to look for PLUs," says Ryan D. Nelson, Utah president of Employers Council. But, he adds, "These are generalizations, and to some extent assumptions. Actually, quite a few of the tech companies I have dealings with or have been exposed to have very savvy and competent HR individuals and internal practices and procedures to make sure that they're not making decisions based on illegal considerations."

Yep, he says illegal. That's because due to the ADEA, it would be illegal to not hire, or to fire, an employee, based on age. It's a civil right that's on par with those protected by Title VII of the Civil Rights Act, which guards workers from being discriminated against for sex, race, color, national origin, or religion.

Nelson explains, "Age is protected. Because I'm over 40, I am now protected for being an 'older worker.' Age cannot be used...