Younger employees claiming age discrimination: proactive steps can help Alaska businesses avoid reverse discrimination suits.

• Author: Sergeant, Deborah Jeanne

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Ever call a younger employee "the kid?" Or assign a Gen-Xer the worst assignments while giving cake assignments to Baby Boomers with equal experience in your field? Better watch out; you could be committing reverse age discrimination.

Just as the stereotyping and unfair treatment of older employees can get you in hot water, doing so to the younger set can be problematic, too. The Age Discrimination in Employment Act of 1967 (ADEA) provides protection to both applicants and employees age 40 and older from age-related discrimination involving companies of 20 or more employees; however, unlike the federal law, the law in Alaska and a handful of other states does not specify a minimum age for this kind of discrimination.

"Age is a protected category in Alaska in general if you're using age as a means of discriminating," said Tim Seaver, a partner with Seaver & Wagner LLC in Anchorage.

Although it hasn't been a widespread problem in Alaska, a handful of cases in the Lower 48 have made the issue one that's important to consider. One of those cases involves New Jersey resident Michael Sisler, 25, who claimed that he was fired because of his young age shortly after being hired to run Bergen Commercial Bank's merchant credit card programs as vice president in 1993. Although the New Jersey Supreme Court ruled that state law permitted him to sue under age-discrimination law, the case settled before trial.

Sisler's case may represent a growing trend. Only 44 percent of Generation-Y employees ages 18 to 24 think they receive fair treatment at the workplace, according to a 2002 survey by Mercer Human Resource Consulting, an international firm headquartered in New York City. As Baby Boomers choose to delay retirement or seek secondary, post-retirement employment, they create a larger pool of employees to fill positions that may be denied to less experienced applicants under age 40, creating dissatisfaction in the younger ranks.

As this attitude of discontent morphs into resentment, employers in Alaska could see an increase in reverse discrimination suits unless they act now to prevent it. By taking a few precautionary steps, your workplace can shun the negativity and liability of reverse age discrimination.

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