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“Racism is a system of advantage based on race. It is a hierarchy. It is a pandemic. Racism is so deeply embedded within U.S. minds and U.S. society that it is virtually impossible to escape.”

“A lot of attention is rightfully put on the recent murders of Breonna Taylor, Ahmaud Arbery, George Floyd and far too many others."

"Simply put, the U.S. systematically constructs racial categories, places people inside of those categories, and segregates people on the basis of those categories"

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"American racism is alive and well," begins a new journal article led by Steven O. Roberts, a Stanford psychologist, that arrives during a time of heightened attention to racial injustice in the United States.

In the paper, which is available online and will appear in an upcoming issue of American Psychologist, the journal of the American Psychological Association, the scholars contend that racism is a deeply American problem and identify, based on a review of prior research published on the topic, seven factors contributing to racism in the U.S. today.

"People often define racism as disliking or mistreating others on the basis of race. That definition is wrong," said Roberts, who directs the Social Concepts Lab, part of the psychology department, in the School of Humanities and Sciences. "Racism is a system of advantage based on race. It is a hierarchy. It is a pandemic. Racism is so deeply embedded within U.S. minds and U.S. society that it is virtually impossible to escape."

Roberts, an assistant professor and co-author, Michael Rizzo, a postdoctoral fellow at New York University and the Beyond Conflict Innovation Lab, write that "just as citizens of capitalistic societies reinforce capitalism, whether they identify as capitalist or not, and whether they want to or not, citizens of racist societies reinforce racism, whether they identify as racist or not, and whether they want to or not."

After examining research on racism from psychology, the social sciences and the humanities, the researchers argue that American racism systematically advantages White Americans and disadvantages Americans of color - but that it does not have to. It all starts with awareness, they contend.

"Many people, especially White people, underestimate the depths of racism," Rizzo said. "A lot of attention is rightfully put on the recent murders of Breonna Taylor, Ahmaud Arbery, George Floyd and far too many others. But people need to understand that those horrific events are a consequence of a larger system. We want readers to walk away with a better understanding of how that system works."

Seven factors

The first three factors Roberts and Rizzo reviewed are: categories, which organize people into distinct groups; factions, which trigger ingroup loyalty and intergroup competition; and segregation, which hardens racist perceptions, preferences and beliefs. Simply put, the U.S. systematically constructs racial categories, places people inside of those categories and segregates people on the basis of those categories, the authors argue.

For example, there is a considerable body of research showing that people, adults and children alike, tend to feel and act more positively toward those they consider to be like them and in their "ingroup." This means that they are likely to treat people from outside of their social circles less favorably.

For many White Americans, their ingroups do not include Black Americans. Part of the reason for this has to do with America's fraught history of racial segregation, which kept White and Black communities separated. Roberts and Rizzo point to studies demonstrating that the amount of exposure a child has to other racial groups early in life affects how they will think about and act toward those groups when they are adults.

Research also shows that children are more attuned to faces of the racial majority group. That is, Black children are better at recognizing White faces than White children are at recognizing Black faces. This disparity can have tragic real-world consequences. In a criminal lineup, for instance, not being able to recognize Black faces, paired with biased preferences and beliefs, increase the odds that an innocent Black suspect will be misidentified as the perpetrator of a crime.

Roberts and Rizzo note that in cases where felony convictions were overturned because of DNA evidence, a significant number of the original convictions were due to incorrect eyewitness identifications.

The remaining four factors the researchers argue contribute to American racism include: hierarchy, which emboldens people to think, feel and behave in racist ways; power, which legislates racism on both micro and macro levels; media, which legitimizes overrepresented and idealized representations of White Americans while marginalizing and minimizing people of color; and passivism, such that overlooking or denying the existence of racism encourages others to do the same. In short, they argue that the U.S. positions and empowers some over others, reinforces those differences through biased media, and then leaves those disparities and media in place.

Of the seven factors they identified, perhaps the most insidious is passivism or passive racism, according to the scholars. This includes an apathy toward systems of racial advantage or denial that those systems even exist.

Discussions about passivism are particularly relevant now, Roberts said, as thousands take to the streets to protest against racism. "If people advantaged by the hierarchy remain passive, it is no surprise that those at the bottom cry out to be heard," he added. "People have been crying for centuries."

Anti-racism

At the end of the review, the scholars call for a move to anti-racism. Inspired by historian Ibram X. Kendi's work, Roberts and Rizzo contribute two new terms to the conversation - reactive anti-racism, defined as challenging racism whenever it appears, and proactive anti-racism, or challenging racism before it appears.

"One of the most important steps for future research will be to shift our attention away from how people become racist, and toward the contextual influences, psychological processes and developmental mechanisms that help people become anti-racist," Roberts and Rizzo wrote. "In a state of increasing racial inequality, we hope to find future students and scholars, both in the U.S. and beyond, well-versed and embedded within a psychology of anti-racism."

In a move that they hope becomes standard, the scholars included an author's statement in their paper indicating that one author, Roberts, identifies as Black American and the other, Rizzo, as White American.

"We [psychologists] often present ourselves as objective observers, but I think it's important to acknowledge our own positionality," Roberts said. "We put it in the author's note to normalize it and say good work can come when people from different identities work together for a common goal."

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Seven factors contributing to American racism | Stanford News

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Of the seven factors the researchers identified, perhaps the most insidious is passivism or passive racism, which includes an apathy toward systems of racial advantage or denial that those systems even exist.

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"People with disabilities experience discrimination through attitudinal and structural barriers to inclusion".

"Research throughout the last three decades highlights how people with disabilities experience discrimination and negative attitudes".

"Nearly one in ten working adults with disabilities reported experiencing some kind of workplace discrimination within the five years after the passage of the ADA, and almost a third of these respondents permanently exited the workforce"

"Stigmatizing attitudes have been perceived by people with disabilities to negatively impact progress in their careers through not getting hired, being denied promotions, having extended probationary periods, or being treated differently than coworkers without disabilities"

"a third of survey respondents with disabilities indicate that they had experienced negative bias in the workplace such as feeling underestimated, insulted, excluded, or had coworkers appear uncomfortable because of their disability.⁹ Almost half of these respondents (47%) also report that they would never achieve a leadership role in their company, regardless of their performance or qualifications".

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Experience of Discrimination and the ADA

An ADA Knowledge Translation Center Research Brief

Sarah Parker Harris

Rob Gould
Courtney Mullin
Department of Disability and Human Development

University of Illinois at Chicago

2019

What is the ADA?

The Americans with Disabilities Act (ADA) is a civil rights law that creates a legal framework for people with disabilities to address discrimination. Passed in 1990, the ADA represents bipartisan support for disability inclusion in all aspects of public life. Through the ADA, disability is a recognized source of discrimination, similar to "race, color, religion, sex, or national origin" within the Civil Rights Act of 1964. The ADA allows individuals with disabilities to challenge discrimination in the realms of employment, public services, and places of public use. The overarching goal of the ADA is to promote equal opportunity, full participation, independent living, and economic self-sufficiency for all people with disabilities.

ADA and Experiences of Discrimination

Developing a law that prohibits discrimination and creates regulations around access was, and continues to be, an important step in addressing barriers to inclusion. Disability-based discrimination is often related to both prejudices as well as broader social barriers that deny people with disabilities equal opportunities. Some researchers describe the goal of the ADA "...to integrate persons with disabilities into the social mainstream," (p. 13). ¹ The ADA has regulations to address structural barriers (i.e. physical and programmatic issues) and discriminatory practices, in order to impact attitudes towards disability.

Much of the research on discrimination is about causes and frequency of negative attitudes held by people without disabilities. This research brief looks at the experiences of discrimination from the perspective of people with disabilities as a way to better understand the influence of the ADA.

HIGHLIGHTS OF FINDINGS

The majority of research on people with disabilities' experiences with discrimination is related to employment.

Disability-based discrimination is both influenced by and influences the view of what people with disabilities are able to do.

People with disabilities experience discrimination through attitudinal and structural barriers to inclusion.

People with disabilities respond to discrimination through a variety of ways, including legal action. However, many cases are not ruled in favor of people with disabilities.

What the Research Says

Discrimination comes in many different forms. Research throughout the last three decades highlights how people with disabilities experience discrimination and negative attitudes. This research brief organizes these ideas as well as how people with disabilities respond to discriminatory experiences. The following section is divided into three areas where there is information from people with disabilities reporting and describing their experiences with discrimination. While people with disabilities experience discrimination in various domains of their public and private lives, these are some topics for which researchers have begun to document the perceptions and experiences of people with disabilities.

Differences in Experiences

The experiences of discrimination amongst people with different disabilities are diverse. Demographic factors have been shown to affect both prevalence and type of discrimination. For example, people whose need for accommodations change at different times, such as people with mental health conditions, are more likely to report workplace discrimination than people with other types of impairments. ² Another study found that people with physical disabilities experience different attitudes and misperceptions in the workplace when compared to other groups, such as people with learning disabilities. ¹ Furthermore, race, gender, and socioeconomic class have also been shown to impact and compound experiences of disability-based discrimination. ³ African Americans, women, and people with low incomes are all more likely to report disability-based discrimination in health care. ³

Social factors such as family, social class, race, and religion also influence how people understand their rights and types of resources available to address inequalities . ¹ Timing of a disability onset or diagnosis is also a critical factor, as people have varying kinds of resources at different times in their lives. One study furthers this idea by exploring the relationship between age and disability discrimination through data from the Equal Employment Opportunity Commission (EEOC), the agency in charge of enforcing the ADA in employment. ⁴ There is evidence that older workers are more likely to perceive and file complaints regarding employment discrimination. These variances highlight the diversity within the disability community and how people with disabilities experience discrimination in different ways. Recognizing differences in experience is noteworthy as is acknowledging the widespread prevalence of disability-based discrimination.

Employment

Employment is one of the most documented and researched areas regarding the ADA and disability-based discrimination. Though prohibited in the ADA, discrimination in the workplace has been a longstanding issue for people with disabilities. Nearly one in ten working adults with disabilities reported experiencing some kind of workplace discrimination within the five years after the passage of the ADA, and almost a third of these respondents permanently exited the workforce. ⁵

Workplace discrimination is often subtle, however people with disabilities have expressed that negative attitudes towards disability influence their success in employment. ⁶ One study, which involved sending mock job applications, found that those who disclosed disability (either spinal cord injury or Autism) received 26% fewer expressions of employer interest than applicants that did not include a disability disclosure. ⁷ Stigmatizing attitudes have been perceived by people with disabilities to negatively impact progress in their careers through not getting hired, being denied promotions, having extended probationary periods, or being treated differently than coworkers without disabilities. 6,7,8,9,10 In a study conducted by the Center for Talent Innovation as described in an article published by the Harvard Business Review, a third of survey respondents with disabilities indicate that they had experienced negative bias in the workplace such as feeling underestimated, insulted, excluded, or had coworkers appear uncomfortable because of their disability. ⁹ Almost half of these respondents (47%) also report that they would never achieve a leadership role in their company, regardless of their performance or qualifications. ⁹

Disclosing a disability, or sharing a disability status, is clearly influenced by experiences of discrimination. In one study, less than half of respondents with disabilities (39%) report that they had disclosed to a manager and even fewer had told other colleagues (24%); only 4% of respondents told clients about their disabilities. ¹¹ Reasons for employees with disabilities to hide their disability status include fear of teasing, harassment, potential changes in coworker relationships, being perceived as less capable, and reduced progress in their careers. Not disclosing a disability status has been described as "allowing people with disabilities to be employed 'without fear of prejudice or discrimination'" (p. 487). ¹²

Another study found that people with disabilities who do not disclose on a job application, but later disclose their disability status at work, are also met with discriminatory behaviors such as coworker unease, inappropriate questions, and assumptions about their capability. ⁸ Choosing to disclose a disability status is a delicate situation due to the prevalence of disability discrimination, however there are noted benefits of disclosure for some. For example, one study estimates that employees with disabilities who disclose are more content (65% versus 27%) and less isolated (8% versus 37%) at work than employees who do not disclose. ¹¹

Experiences of employment discrimination are not limited to attitudes, as people with disabilities may face other types of structural barriers. Examples include lack of physical accessibility in the workplace, such as absence of accessible restrooms, inaccessible equipment to perform job tasks, and lack of access to reasonable accommodations. ¹ This physical inaccessibility can also impact feelings of isolation. Another study identifies barriers to inclusion in the workplace by interviewing employees with disabilities in large, public-sector organizations. ¹³ The study reveals that people with disabilities experience both physical and social segregation at work. One of the participants of this study describe how their office places employees with disabilities in "a little corner spot where nobody can see them" (p. 145). ¹³ The segregated desk location not only physically isolates the participant but also prevents social interactions with colleagues. Access discrimination such as this translates into business concerns as feelings of disability-based discrimination have been shown to significantly reduce job satisfaction. ¹⁴

Home and the Community

Housing

In addition to work, people with disabilities also experience discrimination in access to housing and the community. Institutionalization is a longstanding issue in the disability community, and often refers to the physical segregation of people with disabilities living and/or spending time in areas that are designated solely for people with disabilities. In a landmark decision as part of Olmstead vs L.C., the U.S. Supreme Court ruled that unjustified segregation violates the ADA. However, there are still many people with disabilities who live and spend time in institutional settings. Researchers explored this topic and found that people with intellectual disabilities who live in institutions report experiences of exclusion and discrimination. ¹⁵ These reports include notes of overly restrictive environments, lack of privacy, and difficulty getting involved in the community because of the physical and social segregation as a result living in an institutional setting.

Institutionalization is not the only issue related to community living and experiences of discrimination for people with disabilities. Though not regulated by the ADA, housing is a major issue and source of discrimination for people with disabilities. A study sponsored by the U.S. Department of Housing and Urban Development found that people who are deaf or hard of hearing face significant barriers during the home seeking process, including communicating with housing providers and learning about available units. ¹⁶ Additionally, people who use wheelchairs face barriers at several points in the home finding process, including locating accessible units, setting up appointments with providers to be shown units, and getting responses to reasonable modification requests. ¹⁶ These issues are made worse by the fact that 14-29% of federally funded housing facilities are estimated to violate federal regulations regarding access. ¹⁷

Social and Public Spaces

People with disabilities may experience discrimination when trying to access public spaces. For example, social stigma is another issue faced by people with disabilities. Researchers describe disability stigma, or negative attitudes or misconceptions towards disability, as a relationship between knowledge (ignorance), attitudes (prejudice), and behavior (discrimination). ¹⁸ These aspects are well documented in disability-based discrimination. In fact, people with mental health conditions report concerns about being viewed unfavorably based on their disability status, and over half of the respondents said that they have heard offensive statements about mental illness. ¹⁹ These factors shape public awareness about the capability of people with disabilities. ²⁰ Many of the mentioned access barriers are rooted in negative attitudes that surround disability.

Another noteworthy example of disability discrimination is access to voting. A research team reviewed information from the U.S. 2012 elections and found that almost a third (30.1%) of voters with disabilities experienced some kind of difficulty in the voting process, which differs greatly from those without disabilities (8.4%). ²¹ The most common barrier was being able to see the ballot and understanding how to use the voting machines. Voting is a foundational right, and access barriers prohibit the participation of people with disabilities. This exemplifies a sentiment in other literature, that feelings of discrimination faced by people with disabilities can influence identifying as a citizen. ²²

Responding to Discrimination

People with disabilities deal with discrimination and stigma in a variety of ways. Some people with disabilities choose to ignore negative attitudes, in order to not perpetually feel upset or the need to consistently react to negative interactions. ¹ People with disabilities may not identify negative interactions as discriminatory if they do not have language or words to describe their experiences. ¹ In fact, people with disabilities are hesitant to use the ADA or seek litigation due to social factors and describe a "threshold," or feelings of a "minimum" level, of discrimination that must be reached prior to taking action through the ADA.

While choosing to take legal action is a complex decision, it is a powerful way for people with disabilities to respond to discrimination. Trends in legal filings change over time and are influenced by contextual factors. A review of EEOC case data shows a decrease in allegations from 2001- 2008, prior to the passage of the ADA Amendments Act (ADAAA), which greatly broadened the definition of disability and redefined the intent of the ADA. ²³ Since the ADAAA was enacted, there has been a steady increase in allegations regarding disability discrimination. However, many cases are not closed in favor of claimants (i.e. people with disabilities). In fact, a review of EEOC claims from 1992-2011 found only 23.4% of cases are closed with merit, meaning that they affirmed disability discrimination, while 76.6% of cases are closed without merit, meaning in favor of the employer. ²³ Additionally, claimants who are perceived as disabled rather than claimants with documented disabilities, are more likely to file charges related to disability discrimination and have cases ruled in their favor. ²⁴ Most discrimination cases are related to job retention or quality of work; the most common allegations of workplace discrimination are discharge and failure to receive reasonable accommodations. ²³ Though discrimination in hiring is less common, it is also notable as legal cases regarding hiring are closed in favor of people with disabilities at higher rates than other allegations. ²⁵

Conclusion

The goal of this brief is to present a 'state of the state' of how people with disabilities perceive discrimination in relation to the ADA, the types of issues experienced, and outcomes of these events. People with disabilities face significant discrimination in many areas, including employment and in public and private aspects of life- some of which are covered in this research brief. To date, the majority of research is related to employment and there is limited information related to other areas of private and public life. While disability-based discrimination is a major facet of life for people with disabilities, these experiences are not universal and are influenced by many factors. Responding to discrimination also varies, and people with disabilities must make complex decisions when choosing to invoke legal action such as through the ADA. There is growing public interest in experiences of disability discrimination, and there is a need for more research on experiences of discrimination particularly from the perspective of people with disabilities.

Examples from the ADA National Network

Below are a few examples of how the ADA national network are addressing the issues raised in this brief. For further information on how the ADA Centers can help with issues related to the ADA, please contact the ADA National Network here.

Giving advocacy tools: A person with vision and hearing disabilities contacted ADA center staff regarding his rights to travel by taxi or public transportation with his service dog. He was very pleased with the explanation he received. After some discussion, the staff person provided the caller with a laminated copy of the explanation, so he could show it to cab drivers where he lives. Having information on hand is helpful to share when traveling with his service dog and helping to advocate for his rights.

Ensuring parking access: A person reached out to the ADA center to ask a question about accessible street parking regulations, as two spots were added outside of her office that she did not think looked accessible. The technical assistant shared the guidance regarding street accessible parking design and the caller forwarded the information to the city administration. Within 24 hours, the city began to properly mark the spots and the owner of the building moved a bench to align with accessible parking regulations.

Newsworthy information: Another ADA Center was contacted by a local news station after a wheelchair user reached out to discuss blocking the access aisles in accessible parking spaces. Technical assistants provided information to the news reporter about the purpose of access aisles. A few days later, the reporter followed up with the ADA Center and shared they had received positive comments about the story and how it changed peoples' attitudes and future actions to help keep access aisles unblocked.

References

1. Engel, D. M., & Munger, F. W. (2003). Rights of inclusion: Law and identity in the life stories of Americans with disabilities. University of Chicago Press.

2. Chan, F., McMahon, B. T., Cheing, G., Rosenthal, D. A., & Bezyak, J. (2005). Drivers of workplace discrimination against people with disabilities: The utility of attribution theory. Work, 25(1), 77-88.

3. LaVeist, T. A., Rolley, N. C., & Diala, C. (2003). Prevalence and patterns of discrimination among US health care consumers. International Journal of Health Services, 33(2), 331-344.

4. Bjelland, M. J., Bruyere, S. M., Von Schrader, S., Houtenville, A. J., Ruiz-Quintanilla, A., & Webber, D. A. (2010). Age and disability employment discrimination: Occupational rehabilitation implications. Journal of occupational rehabilitation, 20(4), 456-471.

5. Kennedy, J., & Olney, M. (2001). Job discrimination in the post-ADA era: Estimates from the 1994 and 1995 National Health Interview Surveys. Rehabilitation Counseling Bulletin, 45(1), 24-30.

6. Beatty, J. E. (2012). Career barriers experienced by people with chronic illness: A US study. Employee Responsibilities and Rights Journal, 24(2), 91-110.

7. Ameri, M., Schur, L., Adya, M., Bentley, F. S., McKay, P., & Kruse, D. (2018). The disability employment puzzle: A field experiment on employer hiring behavior. ILR Review, 71(2), 329-364.

8. McKinney, E. L., & Swartz, L. (2019). Employment integration barriers: experiences of people with disabilities. The International Journal of Human Resource Management, 1-23.

9. Sherbin, L. & Taylor Kennedy, J. (2017, December) The Case for Improving Work for People with Disabilities Goes Way Beyond Compliance. Harvard Business Review. Retrieved from https://hbr.org/2017/12/the-case-for-improving-work-for-people-with-disabilities-goes-way-beyond-compliance.

10. Vickers, M. H. (2009). Bullying, disability and work: A case study of workplace bullying. Qualitative Research in Organizations and Management: An International Journal, 4(3), 255-272.

11. Jain-Link, P. & Taylor Kennedy, J. (2019, June). Why people hide their disabilities at work. Harvard Business Review. Retrieved from https://hbr.org/2019/06/why-people-hide-their-disabilities-at-work.

12. Goldberg, S. G., Killeen, M. B., & O'Day, B. (2005). The disclosure conundrum: How people with psychiatric disabilities navigate employment. Psychology, Public Policy, and Law, 11(3), 463.

13. Robert, P. (2003). Disability oppression in the contemporary U.S. capitalist workplace. Science & Society, 67(2), 136-159.

14. Perry, E. L., Hendricks, W., & Broadbent, E. (2000). An exploration of access and treatment discrimination and job satisfaction among college graduates with and without physical disabilities. Human Relations, 53(7), 923-955.

15. Jahoda, A., & Markova, I. (2004). Coping with social stigma: People with intellectual disabilities moving from institutions and family home. Journal of intellectual disability research, 48(8), 719-729

16. Aranda, C. L. (2015). Targeting Disability Discrimination: Findings and reflections from the national study on housing discrimination against people who are deaf and people who use wheelchairs. Cityscape, 17(3), 103-122.

17. Froehlich-Grobe, K., Regan, G., Reese-Smith, J. Y., Heinrich, K. M., & Lee, R. E. (2008). Physical access in urban public housing facilities. Disability and Health Journal, 1(1), 25-29.

18. Thornicroft, G., Brohan, E., Kassam, A., & Lewis-Holmes, E. (2008). Reducing stigma and discrimination: Candidate interventions. International journal of mental health systems, 2(1), 3.

19. Dickerson, F. B., Sommerville, J., Origoni, A. E., Ringel, N. B., & Parente, F. (2002). Experiences of stigma among outpatients with schizophrenia. Schizophrenia bulletin, 28(1), 143-155.

20. Hampson, M., Hicks, R., & Watt, B. (2016). Understanding the employment barriers and support needs of people living with psychosis. The Qualitative Report, 21(5), 870-886.

21. Schur, L., Adya, M., & Kruse, D. (2013). Disability, voter turnout, and voting difficulties in the 2012 elections. Report to US EAC and RAAV.

22. Barton, L. (1993). The struggle for citizenship: the case of disabled people. Disability, Handicap & Society, 8(3), 235-248.

23. McMahon, M. C., & McMahon, B. T. (2016). The National EEOC ADA research project: History, available data, and basic findings. Journal of Vocational Rehabilitation, 44(3), 333-342

24. Draper, W. R., Reid, C. A., & McMahon, B. T. (2011). Workplace discrimination and the perception of disability. Rehabilitation Counseling Bulletin, 55(1), 29-37.

25. McMahon, B. T., Hurley, J. E., West, S. L., Chan, F., Roessler, R., & Rumrill, P. D. (2008). A comparison of EEOC closures involving hiring versus other prevalent discrimination issues under the Americans with Disabilities Act. Journal of Occupational Rehabilitation, 18(2), 106-111.

For More Information, Please Contact:

Sarah Parker Harris ( skparker@uic.edu) and Rob Gould ( rgould3@uic.edu)

Department of Disability and Human Development

University of Illinois at Chicago

1640 W. Roosevelt Road (MC 626)

Chicago, IL 60608

Phone: (312) 413-1647

Fax: (312) 413-1630

TTY: (312) 413-0453
http://www.ahs.uic.edu/dhd/
SUGGESTED CITATION: Parker Harris, S., Gould, R., and Mullin, C. (2019). ADA research brief: Experiences of discrimination and the ADA (pp. 1-6). Chicago, IL: ADA National Network Knowledge Translation Center.

Content was developed by the Department of Disability and Human Development of the University of Illinois at Chicago and the ADA Knowledge Translation Center.

ADA Knowledge Translation Center

This information product was developed under a grant from the Department of Education, NIDRR grant number 90DP0086. However, the contents do not necessarily represent the policy of the Department of Education, and you should not assume endorsement by the Federal Government.

© Copyright 2019 ADA National Network. All Rights Reserved.
May be reproduced and distributed freely with attribution to ADA National Network ( www.adata.org).

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Research Brief: Experience of Discrimination and the ADA

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(Printer-friendly PDF version | 264 KB) (Large Print PDF version | 273 KB) Experience of Discrimination and the ADA An ADA Knowledge Translation Center Research Brief Sarah Parker Harris Rob Gould Courtney Mullin Department of Disability and Human Development University of Illinois at Chicago 2019 What is the ADA?

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"Just picture commercials that promise to reverse 'unsightly' age lines or television shows that depict older adults as clueless and frail".

"Ageist messaging can also be passed along through jokes and casual comments from family members and friends"

"Imagine a supervisor who refuses to give you newer assignments due to your age. Or picture a family member who likes to make subtle jabs like, 'We don’t expect you to keep up with us”'.

"If you’re an older adult, this kind of dismissive language can make you feel humiliated, frustrated, and undervalued. It can also give way to self-directed ageism"

"Self-directed ageism is when you internalize a negative attitude toward aging or your own age group. This creates a deep sense of self-doubt and an overall negative perception of yourself".

"According to a 2020 survey, 78 percent of older workers either witnessed or experienced age discrimination while at work."

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What is ageism?

Ageism involves stereotyping or discriminating against people based on their age and can occur both in the workplace and in your personal life. Ageism can be directed at older adults and young people alike. However, our culture tends to glorify youth, so older adults are more often the victims of age-based discrimination and negativity.

Ageism can take root early in life. Even as children, we begin to pick up on the idea that aging is an unsatisfying process and older adults are incapable of taking care of themselves. These messages can show up in the media we consume. Just picture commercials that promise to reverse "unsightly" age lines or television shows that depict older adults as clueless and frail. Ageist messaging can also be passed along through jokes and casual comments from family members and friends.

Ageism is often considered more acceptable by society than racism and sexism, but like those issues, it can't be solved overnight. However, that doesn't mean you should turn a blind eye and accept unfair treatment. There are many steps you can take to address the problem and challenge ageism. By doing so, you not only improve your own well-being, but you also help create a more open-minded culture in which stereotypes hold less sway and discrimination is less prevalent.

Types of ageism

Like sexism and racism, ageism can come in many forms, ranging from disrespect in one-on-one interactions to systemic inequalities.

Interpersonal ageism takes place between individuals. Imagine a supervisor who refuses to give you newer assignments due to your age. Or picture a family member who likes to make subtle jabs like, "We don't expect you to keep up with us." If you're an older adult, this kind of dismissive language can make you feel humiliated, frustrated, and undervalued. It can also give way to self-directed ageism.

Self-directed ageism is when you internalize a negative attitude toward aging or your own age group. This creates a deep sense of self-doubt and an overall negative perception of yourself. You might start to believe that your best years are behind you or that you're becoming a burden on your family. Maybe when you lose an item or forget a name, you blame it on your age. Or perhaps you blame your sedentary lifestyle habits on your age. This only reinforces your self-directed ageism and gives other people more reason to believe the stereotypes.

Institutional ageism is when social norms, practices, and rules are unfair to older adults. A workplace that insists workers retire at a specific age is an example of institutional ageism. In some cases, ageism is so embedded in institutions that it may be hard to spot. For example, in the medical field, older adults are often underrepresented in health research and clinical trials. In the mental health field, professionals may receive less training on how to work with older patients.

Ageism in the workplace

Ageism can be particularly prevalent in the workplace, where it can affect everything from your financial security to your mental health. According to a 2020 survey, 78 percent of older workers either witnessed or experienced age discrimination while at work.

Ageism can also combine with sexism and racism and create compounding consequences. For example, older women of color face age, race, and sex discrimination in their personal lives as well as institutionalized disadvantages in areas like housing and healthcare.

Whatever situation you're facing, it's important to remember that you're not powerless and you can take steps to counter the negative effects of discrimination.

Effects of ageism

Ageist attitudes, thoughts, and actions can do much more than just hurt your feelings and make you feel undervalued. Age bias and discrimination can have a significant effect on your mental and physical health, sense of self-worth, social life, and even your finances.

Physical effects

Ageism is linked to earlier death rates. One study found that older adults who engaged in self-directed ageism and perceived themselves as useless had shorter lifespans than those with positive self-perceptions. Self-directed ageism can also result in poorer health outcomes, including chronic conditions and short-term health issues. Ageism also appears to slow down recovery from physical ailments.

There are multiple potential reasons behind these physical consequences.

If you have a negative self-perception, you might be more likely to engage in unhealthy habits, like eating a poor diet, smoking, drinking, or skipping prescribed medications. You might also have lower levels of resilience and social support, which are two factors that affect longevity.

It's also possible that ageism within the medical field itself leads to worse outcomes for older adults.

Research shows that health care providers are more likely to withhold access to life-sustaining treatments from older patients than younger patients.

Older adults tend to be underrepresented in health research, such as clinical trials. This can lead to prescriptions and treatments that do more harm than good and a lack of campaigns directed at issues such as older people's sexual health.

Lack of communication between medical experts and older patients can lead to issues such as medication nonadherence, in which the patient fails to take the medication as prescribed.

Mental health effects

Ageist comments from family members might make you feel a sense of worthlessness or lack of social support. Discrimination from coworkers and supervisors can lead you to question your value to society. So, perhaps it's no surprise that studies show ageism can lead to a decline in mental health.

Ageism is can trigger or worsen depression. The World Health Organization estimates that roughly 6 million cases of depression around the world may be the result of ageism.

Negative self-perceptions of aging can even affect your mental prowess. After internalizing negative stereotypes, you might experience an actual drop in cognitive abilities, such as memory, due to fear of confirming those stereotypes. This phenomenon is known as stereotype threat, and even brief exposure to negative messaging can affect your self-esteem and performance.

Effects on social well-being

Ageism can result in social isolation and loneliness. You may feel rejected by family members and decide to withdraw from social events. Or maybe media messaging has made you fearful of being the victim of crime, so you self-isolate or feel hesitant to travel.

Stereotypes and myths about sex later in life can lead to a reluctance toward physical intimacy. Institutional barriers, such as mandatory retirement, can also make it harder for you to be social.

All of these factors can limit your social support and stir feelings of loneliness.
Loneliness can then lead to all sorts of additional problems, such as:

Higher stress levels.

Reduced sleep quality.

Impaired immune system.

Increased risk of physical illness.

Exacerbated mental illness.

Increased cognitive decline.

[Read: Loneliness and Social Isolation]
Financial consequences

Ageism may exacerbate a sense of financial insecurity. Ageist employers or supervisors in your workplace can block you from advancements and training. You might also be passed up for hiring opportunities because of your age.

Long-standing practices by financial institutions can also add to your financial troubles. For example, you're likely find that products such as travel insurance and health insurance are costlier as you age. Insurance companies tend to argue that this is due to their policies being based on risk.

Due to stereotypes surrounding the competency of older individuals, fraudsters are also more likely to target you. The effects of elder scams aren't limited to financial loss. These events can be traumatic and lead to deep anxiety, shame, and grief.

Signs of ageism

Sometimes ageism is blatant and easy to identify. In other cases, it's more subtle and you may even question whether someone's words or actions are a sign of prejudice. Here's what to look for in the workplace and in your daily life:

Harassment. This is often the most obvious sign of ageism. This could involve a coworker or supervisor mocking you with age-related jokes or insults. Others may make offhanded remarks to disparage you.

Exclusion. Rather than directly insult you, some people may intentionally leave you out of group activities. Coworkers might exclude you from meetings, relocate your office, or intentionally schedule events at a time or place that's inconvenient for you. Friends and family members might also leave you out. Even if it's not intentional exclusion, internalized ageism might lead them to assume you're unable to handle certain trips or activities.

Denied opportunities. If a supervisor is ageist, they might refuse to give you challenging assignments that offer opportunities for advancement. Instead, they might shift your work to a younger worker or encourage you to retire. In extreme cases, they might eliminate your job position, only to hire on a younger worker for a similar role.

Hiring bias. You might notice your company has a tendency to only hire and promote younger employees. Maybe you're passed up for a promotion multiple times while watching less experienced and less qualified people rise through the ranks. Or maybe you're denied a job because a recruiter labels you "overqualified."

Infantilization. It's normal for others to care for you. However, when others infantilize you or treat you as a child, you can feel humiliated and frustrated. Maybe a younger family member double-checks your finances without your permission. Or perhaps they insist on handling your physical tasks and errands, even when you have no trouble doing them yourself.

How to handle ageism

When addressing ageism, start by accepting the truth. You are, in fact, getting older, and that can come with certain changes. Your body may not function in the same that it used to. Perhaps your eyesight isn't as sharp as it used to be, or maybe you're having a harder time hearing. You might also notice more and more wrinkles on your face.

All of this may lead you to feel unhappy about the aging process and uncertain in your abilities. That's OK. Allow yourself to experience negative emotions without suppressing them.

However, try to keep everything in perspective. Despite what ageist messages might suggest, you still have plenty of life in you and many opportunities ahead. You also have much to offer those around you, whether it's love, support, or wisdom. Use the following tips to challenge both internal and external ageism.

Handling ageism tip 1: Strengthen intergenerational bonds

Intergenerational connections can reduce the risk of ageism because face-to-face interactions help people see beyond stereotypes. Consider spending more time with children and grandchildren, younger coworkers, or younger people in your local community.

Get to know their views, priorities, and values. Share your own. You'll likely find some similarities, as well as notable differences. Maybe their views of marriage are non-traditional, or you don't agree with their reliance on technology. But try to be open-minded and make an effort to understand their perceptions of the world. Be willing to learn from them.

Act as a mentor. Look for local mentorship programs and other opportunities to pass on skills and knowledge. Consider what you have to offer younger individuals. Perhaps you want to teach a grandchild how to play an instrument, or maybe you can show a group of young adults how to lay a brick foundation. Finding meaning and purpose by helping others is also an excellent way to build resilience.

Tip 2: Push back on ageist messaging

If you hear someone make a comment based on ageist stereotypes, don't allow it to go unchallenged. Remind friends and family members that older adults have active, satisfying lives. Here are a few common myths to push back on, whether you encounter them in media messages or in conversations.

Myths and facts about aging

Myth: Older adults are set in their ways and can't learn new things.

Fact: Seniors are capable of adapting and learning new things, and doing so can have health benefits such as improving memory.

Myth: All older people end up with memory problems or dementia.

Fact: Older people are at increased risk of dementia, but that doesn't mean it's a normal part of the aging process and there's plenty you can do to keep your memory sharp.

Myth: With old age comes depression.

Fact: Depression isn't a natural or inevitable part of aging, either. In fact, younger adults tend to have higher rates of depression than their seniors.

Myth: Older adults should be more sedentary to avoid accidents.

Fact: People can continue to be physically active as they age. In fact, it's never too late to start being more active. Exercise can improve physical and mental health as well as help you manage chronic conditions. Just be sure to choose exercises that you enjoy and can stick with.

You don't need to be confrontational when pushing back on these myths and ageist attitudes during a conversation. Just offer a gentle reminder and maybe a few examples to prove your point.

For example, if your son says, "As people get older, it's natural for them to be less active," you can respond: "Many older adults stay active. Some even run marathons." If your coworker tries to take over a task for you, simply say, "Thank you for the offer, but I can handle this."

Tip 3: Defy stereotypes

Although you can verbally challenge ageist remarks, you can also embody your message. Resisting age-related stereotypes can have a more positive effect on mental health, reducing the risk of mental health issues like anxiety and suicidal ideation. With that in mind, try to maintain a sense of independence in as many areas of your life as you can.

Go on outings with close friends. Social events can range from regular meetups at a coffee shop to trips abroad with your closest buddies. By reinforcing your social support network, you also have a better chance of avoiding the physical and mental effects of loneliness.

Stay active. Some people believe that older adults are supposed to sit in their rocking chairs or spend their days relaxing on the porch. Push back on that idea by embracing active hobbies like gardening, camping, biking, or swimming.

Keep up to date on things that interest you. One stereotype about older adults is that they're stuck in the past and don't understand the present. You shouldn't feel pressured to be knowledgeable about all the latest technology gadgets and trends, but keep learning about subjects you care about. If you're interested in cars, for example, read up on innovations in electric vehicles and how they compare to gas-powered models.

Tip 4: Change your focus to the positive

It's hard to shake negative self-perceptions about aging if you're focused on losses rather than opportunities. Make it a goal to overcome negative messages by choosing to focus on the upsides.

Make a list of what you've gained with age. Have you become more assertive? Decisive? Perhaps you've become more patient or better at keeping your cool in stressful situations. What skills have you developed and mastered? Focusing on these gains can help you to keep things in perspective. Aging isn't just about loss.
[Read: Aging Well]
Look for opportunities for growth. Let go of the adage, "You can't teach an old dog new tricks." Think of new skills that you want to develop or sharpen. Perhaps you want to take a drawing class, learn a new dance, or even practice a foreign language.

Tip 5: Manage stress

Knowing how to manage your stress level can help you stay confident and build self-esteem. It can also help you counter the negative physical and mental effects of self-direct ageism, such as increased risk of depression and chronic health conditions.
[Read: Stress Management]
Exercise. Physical activity triggers the release of chemicals in your brain that improve your mood. Exercise is also a good way to boost your overall self-image and confidence. Aim to build a balanced exercise plan that includes a mix of cardio, strength training, and balance and flexibility routines.

Use relaxation techniques. Incorporate practices like mindfulness meditation, deep breathing, and self-massage into your daily life. These relaxation techniques are natural ways to calm your mind and body. Slow, gentle exercise routines, such as yoga and tai chi, can have a similar effect.

Practice good sleep hygiene. One common misconception is that older adults don't need much sleep. Your sleep patterns may change as you age, but sleep is still vital to your physical and mental health. Older adults should aim for at least seven to eight hours of sleep per night. If you miss out on that sleep, you might experience elevated stress, as well as an increased risk of depression, cognitive decline, and cardiovascular disease.

Stick to healthy eating habits. Certain foods are more likely to energize you, improve your mood, and support brain function. All of this helps you feel less stressed and gives your self-esteem a boost. Add more whole, minimally processed foods to your plate, including a diverse selection of fruits, veggies, fiber, and protein.

Tip 6: Know how to deal with discrimination at work

Age discrimination at work occurs when a supervisor or coworker treats you less favorably due to your age. Whether intentional or not, depending on local laws, their behavior could be illegal. Some examples of age discrimination include:

You're denied a job or fired simply because of your age.

You're overlooked for promotion due to your age.

You're harassed or taunted by coworkers about your age.

These types of situations can make you feel helpless and disrespected. You might even be tempted to quit. Before you take that step, consider the following:

Was the incident intentional? If the coworker or supervisor unwittingly made a hurtful comment, you can bring up the issue directly with them. They might apologize and offer ways to right the wrong.
[Read: Bullying at Work]
Is the problem systemic? Does the company have a long-term habit of recruiting and promoting younger employees? If so, that's an indication of an unfair work environment, rather than a one-off issue with a single ageist coworker or supervisor.

Can you report the problem to someone? If a coworker has consistently harassed you, you might be able to file a complaint with the HR department. If the problem stems from a supervisor or if it's systemic, you can consider researching legal actions you can take. For example, in the United States, the Equal Employment Opportunity Commission (EEOC) may handle your complaint.

Dealing with reverse ageism

Although ageism is often directed at older adults, young people aren't immune to age-related stereotyping and discrimination. In one 2019 survey, young employees were more likely to say they've seen or experienced ageism than older employees.

The signs of ageism against younger people-or "reverse ageism"-are similar to the signs of ageism against older adults. An older friend or family member might talk down to you or crack jokes about your age. Or maybe a supervisor or coworker makes age-related insults or refuses to promote you despite your abilities.

These frustrating experiences can make you question your self-worth or even stunt your ambitions at work. Here are tips on handling reverse ageism:

Identify and push back on common stereotypes. Young adults are often characterized as entitled, lazy, or selfish. You might hear these stereotypes so frequently that you even begin to believe them. But just take a moment to challenge those assumptions. Your priorities and opinions may differ from those of your elders, but you can probably think of many ways in which your generation is hard-working and dedicated to the common good.

Start a dialogue. If someone has made an ageist comment, you might be tempted to avoid them. However, consider spending more time with them instead. Ask them out to coffee or a walk. Give them a chance to get to know you better. They may soon realize that their assumptions about you were inaccurate.

Look for a mentor. This can be a formal mentor at work or just an older adult who is willing to offer life advice or pass down some useful skills. Any opportunity to interact with someone outside of your age group can expand your perspective and theirs as well.

Find support. Connect with other people who are also dealing with reverse ageism. Meet in-person or chat in private groups online. You can be open about your experiences, vent your frustrations, and get advice and coping strategies from your peers.

Be patient. Remember that ageism isn't just an issue in interpersonal relationships. It's a larger problem that involves institutions and society at large. Recognize your limitations, but don't feel discouraged. As you form intergenerational relationships, advocate for yourself, and make an effort to understand others, you're helping to push society in a more just and equal direction.

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Ageism and Age Discrimination - HelpGuide.org

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Are you facing discrimination because of your age? There are ways to challenge ageist behavior in both the workplace and in daily life.

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"The very first thing people can do is to gain a deeper understanding of the problem, much the same way that a doctor will do a deep diagnosis"

"'The second is we need a bit of self-diagnosis, to understand: 'How am I contributing to the system and what is my own level of concern?'”

"The third step is actually focusing on behaviors and not attitudes...What’s really important is your action and not your attitude"

"The final thing is to focus on changing the social norms and the institutional policy. When you see racism occurring, say something"

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Social psychologist Robert Livingston has spent decades studying racism and advising businesses and nonprofits how to confront it in their workplaces. In a new book, "The Conversation: How Seeking and Speaking the Truth About Racism Can Radically Transform Individuals and Organizations," the Harvard Kennedy School lecturer in public policy argues that racism can be battled with constructive dialogue. The Gazette recently spoke to Livingston about what fuels his optimism and how people can help bring about meaningful change.

GAZETTE: Why is conversation so critical to building racial equity?

LIVINGSTON: Very early on in my career I thought you could change people's minds if not hearts by just providing them with accurate information. With greater wisdom that I've garnered over the 20 years I've been doing this work, I've found that social relationships provide a portal for facts to be received and digested by people. And without that, people often build walls to insulate what they currently believe to be true. And I think relationships provide an opening within that wall for maybe a different perspective to enter.

GAZETTE: What are some examples of that?

LIVINGSTON: An empirical example is a 1950s study involving a group of women who volunteered at the Red Cross, serving meals to people in need. The researchers wanted to convince the women to serve more organ meat - heart, kidney, livers - and gave them information about the nutritional value of doing that. There were two groups of women. Both got the same information, but one group was allowed to talk about it among themselves. They found that 10 times as many women from the group that talked about the information started serving the organ meat than those from the other group. To me, the study demonstrates the power of conversation, what happens when you have information plus human connection. It's what Bryan Stevenson refers to as proximity, that the human relationship factor is much more likely to result in real change in how people see the world, do things, or behave.

A personal example was a workshop I gave to a group of police officers. I provided them all kinds of information, hard data on bias in society, bias in their own minds, including a body-camera study, which found that even for the same infraction police officers treated white offenders differently than Black offenders. During the presentation, the department's one Black officer broke down emotionally, because all of this really hit home for him. It was only at that moment that the white officers really started paying attention and really believed this racism thing. I thought, this is really irrational that they're being convinced by [one officer's story] and not by the multitude of evidence pointing to the same things. And then I thought, "Aha, they're people, not computers." Computers just respond to data input, but people respond to people. Nothing's going to change until we start talking, until we become socially connected with each other. You have to have conversations, but they have to be grounded in facts, not whims or unfounded notions.

GAZETTE: Why is talking about racism difficult for so many people?

LIVINGSTON: I think there are three reasons. One is that it's not a comfortable thing, which means for some people it's not a pleasant thing. Another is that many people, especially white people, are afraid of saying the wrong thing, so they don't know how to have the conversation. And then the third factor is that some people just don't care. In my book, I make a distinction between what I call "ostriches" and "sharks." Ostriches are people who want to bury their heads in the sand and just ignore the truth. Sharks know the truth, but their job is to dominate and exploit. For them the conversation has no utility because its purpose is to rectify the injustices that currently exist. If you're in favor of the injustices because your goal is to create a racial hierarchy where you're on top, talking about it is a waste of time.

GAZETTE: How do you break through?

LIVINGSTON: I'll start with the discomfort. People are afraid of conflict in these kinds of conversations. But research has shown that conflict can actually be productive, if it's the right type of conflict. Task-based conflict is when people disagree about the best course of action. And person-based conflict is when you say, "I think you're an idiot for [arguing that viewpoint]." So try to focus on the problem and not the person. The second thing is to engage in conversations with curiosity and not with certainty. Research shows it's much more productive to be in what is called inquiry mode versus advocacy mode. What you're trying to do in these conversations is either to discover what the truth is - by asking questions - or to discover a common ground. And you can't do that if you're too deeply entrenched in your own convictions or ideological position.

GAZETTE: How do you motivate companies and organizations to see uprooting racial inequity as an essential task?

LIVINGSTON: It's not my job to convince them this is something that they should be doing. What I'm looking to do is help companies that want to move the needle to actually be successful in moving the needle. Why should companies do it? Because it's part of their mission or core values. Many companies have missions and core values that say, "We are an inclusive company that welcomes everyone," but they realize they are not living up to their ideals. It can also be good for business - though I would recommend they not put all their eggs in the business basket. The third motivation is the collective interest: If we had more social justice, everyone would enjoy better quality of life.

GAZETTE: Inevitably, progress on racial and social justice leads to backlash. Are we in that moment now and what is the best way to respond to it?

LIVINGSTON: The first thing to realize is that not everyone wants social justice. I've alluded to this with my shark metaphor, that there are some people highly invested in inequality. So for some, there is going to be backlash. And then there are some people who are apathetic. They're not invested in justice or injustice. They're kind of the swing voters. The third type are people deeply invested in social justice. Part of the challenge is neutralizing the relatively small percentage of sharks. I think what's happened now is that social norms have been changed such that the sharks have been enabled by the huge chunk of apathetic people. In times of justice, swing voters side with the pro-justice people. And during these kinds of times, they're saying, "OK, we'll go with the anti-justice people."

Regulating behavior may require different approaches for different people, using carrots, sticks, or appealing to their better angels, depending on how invested in justice someone is. Another approach is to establish stronger cultural norms about what is appropriate and inappropriate - I think what's really gone downhill the last few years are those social norms. The third strategy is establishing actual policies with real sanctions that hold people accountable for behaviors that are counter to established norms or actual laws. Storming the Capitol was illegal, regardless of how people perceived the norms, so perpetrators will be held accountable.

GAZETTE: After this year of racial reckoning, many people sincerely want to do something about racism but are unsure where to start. What do you advise?

LIVINGSTON: The very first thing people can do is to gain a deeper understanding of the problem, much the same way that a doctor will do a deep diagnosis. Many people don't want to do that because it takes a lot of time, and they want the quick fix. Or, like some patients, they are overconfident in assuming that they already understand the problem. The second is we need a bit of self-diagnosis, to understand: "How am I contributing to the system and what is my own level of concern?" For white people racism presents a dilemma whose trade-offs they have to manage. I'll use a plane analogy to explain what I mean. A study by [Harold M. Brierley Professor of Business Administration] Michael Norton showed that there is more air rage on planes where coach passengers have to walk though first class, because they feel humiliated and diminished. Therefore flying in first class creates a dilemma for me.

Racism by definition gives you unearned privilege in the same way riding first class gives you comfort, while harming people. So it's a dilemma for white people. People say, "I really don't want racism, but I really don't want to give up my first-class seat." If you want a change you're going to have to wrestle with that in your own heart and soul.

The third step is actually focusing on behaviors and not attitudes. Sometimes people put too much emphasis on implicit bias. What's really important is your action and not your attitude.

The final thing is to focus on changing the social norms and the institutional policy. When you see racism occurring, say something. Speak out. That will change the norm. And through activism or voting behavior, for example, you can impact larger policies.

GAZETTE: You have been advocating for racial equity for many years. What gives you optimism now?

LIVINGSTON: I think it's important to realize that factually speaking, racism is a solvable problem. The question is: Will it actually be solved? My job and what gives me optimism is helping translate racism from a solvable problem to a solved problem. What is the process, the journey by which we can move it from being solvable, which is an objective truth, to being solved, which is an uncertain outcome that may or may not arrive? I think it's in our hands as people. That's not foolish optimism. That's just a fact. And so then the question is how. That's what my book focuses on. The final question is whether we will do it or not, which remains to be seen. But that's what gives me optimism, it's knowing that it can be done.
Interview was lightly edited for clarity and length.

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Social psychologist offers key to ending racism

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Social psychologist Robert Livingston has spent decades studying racism and advising businesses and nonprofits how to confront it in their workplaces. In a new book, "The Conversation: How Seeking and Speaking the Truth About Racism Can Radically Transform Individuals and Organizations," the Harvard Kennedy School lecturer in public policy argues that racism can be battled with constructive dialogue.

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"At a minimum, speak up against ageism and discrimination"

"Keep a log of incidents and let someone know if another employee at your organization treats you disrespectfully"

"Contact your human resources department if you feel your supervisor passed you over for promotion, paid you less or provided you with fewer opportunities based on your age"

"If you’re a manager, don’t label older workers as “marking time until retirement.” Sometimes, older adults are simply tired of being excluded and opt to do the basics"

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I wish I could tell you all employers follow the law and pay equitably, regardless of age. I wish I could tell you that employers never "forcibly retire" workers due to their age. Or I could say we'll all enjoy fair treatment at work as we age. But that isn't entirely true. Not yet.

One thing I do know after 12 years in human resources and 20 years as a career coach is that ageism is pervasive, and just like racism and sexism, it's institutionalized. Although it's against the law to discriminate based on age, we still find ageism in employment, health care and advertising. Ageism even affects the way we see our own aging.

"An AARP survey in 2021 found that 78 percent of workers have witnessed or experienced age discrimination in the workplace," according to AARP Magazine. "Four out of ten workers reported being asked improperly for age-related information while looking for work."

What can you do? Follow these three ways to combat ageism, learn about age discrimination and actively quash it in the workplace.

1. Recognizing Ageism

If you are over age 40 or work with people who are, watch for key signs that you might work for a discriminatory company or are applying to work for one. These signs might include the following:

There's no diversity in the ages of staff and management in company photos.

Job ads stress the candidate should bring "fresh ideas" or that they are looking for "recent college grads" or people who possess the "energy to excel in a fast-paced environment."

Managers assign the most tedious or entry-level assignments to older workers or pass over older workers for new training opportunities, challenging projects, salary increases or promotions.

Staff use language for older adults that is demeaning or infantilizing, such as "honey" or "sweetie." Or give birthday cards or tell jokes that use stereotypical tropes about getting older.

Managers ask about their employees' retirement plans, or you hear comments such as, "He's already retired in place, isn't he?"

If you notice any of the above examples at your workplace, consider becoming an ally to persons over 40. Ask how you can make the workplace less discriminatory and have discussions with your co-workers and managers about how to stop ageist practices.

2. Avoiding Ageism

Here are a few ways to avoid the most blatant forms of discrimination during the hiring process and on the job.
During the Hiring Process
Use your resume as your marketing brochure to show off your talents in the best light. The only reason for a resume is to get you an interview. It is not a job application, which is a legal document. Consider these resume tips to keep recruiters from viewing you as older and passing you over for an interview:

Use a Gmail account rather than older email forms such as Hotmail, AOL or Yahoo.

List only one phone number, and it doesn't need to say "cell," "home" or "mobile."

Start with a profile paragraph that defines who you are with no dates attached. Perhaps begin with, "More than ten years of experience in..." Few jobs, even at senior levels, require more than 5-7 years of experience, so confirming you have 25 years in a job can date you.

Leave off the years you graduated high school or college. List the degree(s) earned unless you have a recent additional graduate degree; then, you might list the year.

Under skills, no need to list "Microsoft Office" or "Outlook." Most employers assume the average person knows how to use these tools.

In your "Work Experience" section, list only those jobs that are relevant to the position for which you are applying and do list the dates you worked at those employers.

On the Job
Once on the job, do everything you can to be a solid contributor, such as:

Make positive first impressions by being on time, smiling and making eye contact. Show that you learn quickly by taking notes and applying new knowledge immediately. As new workers join the team, recognize when you or others make assumptions about a person's appearance. Be aware people make judgments about a person in the first 15 seconds of meeting them and avoid ageist stereotypes.

Establish relationships with younger workers by mentoring them or collaborating on projects.

Keep up with technology by experimenting with new software and taking online programs. If you know someone who could use help with technology, either help them out or suggest they call tech support rather than allowing them to become frustrated.

Invest in your continued professional development, which includes outside coursework, in-house classes and volunteering for teams rolling out new products. As a manager or supervisor, invest in workers of all ages and encourage everyone to keep current.

Fight ageist stereotypes of older workers being "tired" or not tech savvy by your actions and by not perpetuating ageist stereotypes through your language usage. Push back if you hear colleagues use ageist terms. If you create job descriptions, examine the language you use to ensure it is inclusive.

Keep your network thriving and your options open by continuing to meet with colleagues outside your company. Some experts advise going on at least one job interview per quarter to keep current with what's available and expand your network.

Prove you're not "retired in place" or are taking the job for granted by applying all the above tips. If you're a manager, don't label older workers as "marking time until retirement." Sometimes, older adults are simply tired of being excluded and opt to do the basics.

3. Reporting Ageism

At a minimum, speak up against ageism and discrimination. Keep a log of incidents and let someone know if another employee at your organization treats you disrespectfully. Contact your human resources department if you feel your supervisor passed you over for promotion, paid you less or provided you with fewer opportunities based on your age. If your HR department doesn't listen to your concerns, consider contacting AARP, the Washington State Human Rights Commission or the Equal Employment Opportunities Commission.

Nancy Weinbeck, CEO of the Bayview Retirement Community in Seattle, notes, "Unfortunately, our society bombards us with cues that feed our brains negative images and stereotypes of older adults that are difficult to fight but fight we must." Sometimes, we unwittingly support these stereotypes. Be inclusive in your personal circles and at work. Don't perpetuate ageist attitudes.

I hope someday we'll be able to say, "Age discrimination is in the past." Let's all work together to make that a true statement.
Additional Resources
If you want to learn more ways to help combat ageism in the workplace, check out these resources:

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3 Ways to Combat Ageism in the Workplace

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I wish I could tell you all employers follow the law and pay equitably, regardless of age. I wish I could tell you that employers never "forcibly retire" workers due to their age. Or I could say we'll all enjoy fair treatment at work as we age. But that isn't entirely true.

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How to solve discrimination of disabilities

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How to solve discrimination of disabilities

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There are five important federal laws that protect individuals with disabilities from discrimination in employment and the job application process:

Americans with Disabilities Act

Rehabilitation Act

Workforce Innovation and Opportunity Act

Vietnam Era Veterans' Readjustment Assistance Act

Civil Service Reform Act

Although many employers and individuals have a basic understanding of the ADA, the nondiscrimination policies of the other laws may be less familiar. Below is a short summary of each law and information on where employers can access additional information and compliance resources.

The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities and guarantees equal opportunities for individuals with disabilities in employment, transportation, public accommodations, state and local government services, and telecommunications. Two sections of the ADA relate to employment:

Title I: Employment prohibits covered employers from discriminating against people with disabilities in all employment-related activities, including hiring, pay, benefits, firing and promotions. Covered employers include private businesses, educational institutions, employment agencies, labor organizations, and state and local government entities with 15 or more employees.

Additional Information: The U.S. Equal Employment Opportunity Commission (EEOC) enforces Title I of the ADA. The EEOC website has a section dedicated to disability discrimination that summarizes the ADA provisions it enforces and provides access to related publications and resources.

Additional Information: The U.S. Department of Justice (DOJ) enforces Title II of the ADA. DOJ's ADA Homepage offers resources on all aspects of the ADA, including those addressing state and local government employment-related responsibilities under Title II.

The Rehabilitation Act authorizes funding for various disability-related purposes and activities, including state vocational rehabilitation (VR) programs, independent living programs, training and research, and the work of the National Council on Disability. It also includes three sections that prohibit discrimination against individuals with disabilities by specific types of employers: federal agencies, employers/businesses contracting with federal agencies and programs receiving federal financial assistance.

Section 501 of the Rehabilitation Act prohibits federal employers from discriminating against qualified individuals with disabilities and requires them to take affirmative action to employ and advance in employment qualified individuals with disabilities.

Additional Information: Each federal agency enforces Section 501 for its own job applicants and/or employees. For additional information on specific Section 501 policies, contact the relevant agency's Equal Employment Opportunity (EEO) office.

Section 503 of the Rehabilitation Act prohibits employment discrimination based on disability and requires affirmative action in the hiring, placement and advancement of people with disabilities by federal contractors or subcontractors who have federal contracts or subcontracts in excess of $10,000.

Additional Information: The Office of Federal Contract Compliance Programs (OFCCP) of the U.S. Department of Labor's Employment Standards Administration enforces Section 503. Compliance assistance information is available on OFCCP's website.

Section 504 of the Rehabilitation Act prohibits discrimination against qualified individuals with disabilities by federal agencies, or by programs or activities that receive federal financial assistance or are conducted by a federal agency.

Additional Information: The federal agency providing the financial assistance or conducting the program/activity enforces Section 504. For additional information on specific Section 504 policies, contact the relevant agency's EEO office.

The Workforce Innovation and Opportunity Act (WIOA) consolidates federal job training and employment programs, including employment and training services for adults, dislocated workers, and youth and Wagner-Peyser employment services administered by the Department of Labor (DOL); and adult education and literacy programs and Vocational Rehabilitation programs for individuals with disabilities administered by the Department of Education (DoED). WIOA's Section 188 prohibits discrimination against individuals with disabilities who apply for, participate in or are employees of any program or organization that receives federal financial assistance under WIOA or that provides programs/activities as part of the One-Stop system.

Additional Information: The Department of Labor's Civil Rights Center enforces Section 188. For additional information, including a self-assessment checklist for covered employers and programs, see the Civil Rights Center's website.

The Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) requires employers that have federal contracts or subcontracts entered into before December 1, 2003 of $25,000 or more and/or federal contracts or subcontracts entered into on or after December 1, 2003 of $100,000 or more to provide equal employment opportunities for certain veterans with disabilities. VEVRAA's Section 4212 specifically prohibits discrimination against covered veterans with disabilities in the full range of employment activities.

Additional Information: OFCCP enforces VEVRAA. Compliance assistance information is available on OFCCP's website.

The Civil Service Reform Act (CSRA), which covers most federal agencies, contains several rules designed to promote fairness in federal personnel actions and prohibit discrimination against applicants and employees with disabilities.

Additional Information: The CSRA is enforced by both the U.S. Office of Special Counsel (OSC) and the Merit Systems Protection Board (MSPB). Both agencies provide general guidance on their Web sites. In addition, the Office of Personnel Management has helpful information on the CSRA in Federal Employment of People with Disabilities in an online guide.
Determining Which Laws Apply: A Checklist
The federal laws that prohibit employment discrimination based on disability all share the same fundamental goal: to remove the barriers to employment faced by individuals with disabilities. However, not all of these laws apply to all employers. Whether or not a law applies depends on several factors, such as whether employers are in the public or private sector, how many employees they have and whether they hold federal contracts or subcontracts. The checklist below is a starting point for employers.
If the employer is a private company that:

The employer must comply with Title I of the ADA and its implementing regulations.

Has contracts or subcontracts with the federal government in excess of $10,000 -

The employer must comply with Section 503 of the Rehabilitation Act and its implementing regulations.

The employer must comply with Section 4212 of VEVRAA and its implementing regulations.

The agency or entity must comply with Section 504 of the Rehabilitation Act and the agency's regulations implementing Section 504.

The employer must comply with Section 188 of WIOA and its implementing regulations.

If the employer is a state or local government agency or entity that:

The agency or entity must comply with Title II of the ADA and its implementing regulations.

The agency or entity must comply with Title I and Title II of the ADA and their implementing regulations.

The agency or entity must comply with Section 504 of the Rehabilitation Act and the agency's regulations implementing Section 504.

The entity or agency must comply with Section 188 of WIOA and its implementing regulations.

The unit, section or subdivision with the covered contract must comply with Section 503 of the Rehabilitation Act and its implementing regulations.

If the employer is a federal government agency or entity that:

The agency or entity must comply with Section 501 of the Rehabilitation Act and the Civil Service Reform Act and their implementing regulations.

Employers need to remember to check for any relevant state and/or local nondiscrimination laws that may also apply. By understanding and fulfilling their responsibilities under the laws that prohibit discrimination based on disability, employers play an important part in delivering on America's promise of equal access to opportunity for all citizens.

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Employment Laws: Disability & Discrimination

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There are five important federal laws that protect individuals with disabilities from discrimination in employment and the job application process: Americans with Disabilities Act Rehabilitation Act Workforce Innovation and Opportunity Act Vietnam Era Veterans' Readjustment Assistance Act Civil Service Reform Act Although many employers and individuals have a basic understanding of the ADA, the nondiscrimination policies of the other laws may be less familiar.