CAREERS NOW 06-28-09

Court Puts Age Bias Burden Of Proof On You

DEAR JOYCE: You've written helpfully about age bias but the Supreme Court's recent decision - Gross v FBL Financial Services Inc. - strips away key legal protections for senior employees. I feel like being over 50 has become an incapacitating illness. Is there a chance the Congress will respond to the ruling with legislation? -- B.H.

I think there's a good chance that Congress will act to overturn the new age discrimination decision, just as it did earlier this year in a pay discrimination case. The Lilly Ledbetter Fair Pay Act was recently signed into law by President Obama.

Here's the gist of the age discrimination case and what it means for you. The plaintiff rose through the ranks at FBL, but was demoted 30 years later at age 54. After Gross sued under the Age Discrimination in Employment Act (ADEA), a jury awarded him nearly $47,000, finding that FBL did, in fact, slide him down the ladder because of his age.

But an appeals court disagreed, and the case was kicked up to the Supreme Court. The court, in a narrow 5-4 decision, found for FBL. The majority opinion said that in an age bias case, an employee has to prove that age was the only reason he or she was fired, demoted or suffered some other work setback. The court held that under ADEA, age can't merely be one of various factors that resulted in an adverse employment action.

That interpretation sets ADEA apart from Title VII, which prohibits discrimination based on race, sex, color, national origin and religion. A Title VII plaintiff needs only to show that minority status was one of the reasons leading to an employer's decision.

Net effect: As things stand, the current Supreme Court has now made it almost impossible for employees to prove age discrimination under a law passed 42 years ago. Cross your fingers for a quick congressional correction.

DEAR JOYCE: I'm bouncing off the walls trying to get hired. My roadblock is getting interviews. I've only had one in the past six weeks. What can I do? - R.R.

You're not selling what employers are buying, you're looking for work in the wrong places, you don't stand out, your marketing materials are lame, you're not using your personal network to set up interviews, you don't follow up - any number of brick walls could be the source of your frustration. Here are two resources to energize your search: The first is a short online freebie that laundry-lists problems in securing interviews. The other is a modestly priced new book with information on how to stand out that you probably haven't read before.

1. Browse for "10 Reasons Why You're Not Getting Interviews" by Robert Half International.
2. "The Complete Idiot's Guide to Branding Yourself" by Ray Paprocki and Sherry Beck

Paprocki (Alpha Books). This book, by two savvy journalists, is filled with tips for showing who you are, what you can do and how to reach your target audience (think employer). It includes advice on using your resume to champion your accomplishments, and on tuning up your personal brand through community activities, cell phone, text messages and e-mail. Importantly, the authors explain techniques for reinventing your brand with the changing times - especially in days of economic hardship.

DEAR JOYCE: What are good job boards for hourly-wage jobs? I always check the help-wanted ads in my newspaper, but, at 57, thought I should open the floodgates to look everywhere. - P.N.

I assume you mean administrative, clerical, manual, trades, personal service and technical jobs.

The easiest online approach starts with general job boards and job search engines, such as SnagAJob.com, YahooJobs.com, Monster.com, CareerBuilder.com, Indeed.com and Simply Hired.com.

When you're willing to do more research, browse for "industry websites" or "industry job boards."

When you have a particular employer in mind, look on the company's Web site and click on Jobs, Careers or Open Positions.

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