CAREERS NOW 10-21-09

New Effort To Protect Older Workers From Bias

DEAR JOYCE: Now 61, I lost my job six months ago. Any rational observer would agree that my termination was due to age discrimination, not job performance.

I've about reached the conclusion that I'm going to sue my former employer but my wife reminds me that last summer you wrote about the Supreme Court's ruling that makes it much more difficult for older workers to prove illegal age discrimination and that there was a good chance Congress would pass new legislation to overturn that decision. Before I spend money on a lawyer, any evidence of that happening yet? - J.R.

Yes. The Supreme Court, in a narrow 5-4 decision issued in June, ruled that in an age bias case, an employee has to prove that age was the only reason the employee was fired, not merely one of the factors - a ridiculously difficult standard.

That decision squarely placed the burden of proof on the employee, metaphorically dropping an onion into a petunia patch. In all other types of discrimination cases - race, sex, religion and national origin - the employee need only show that bias was one of the factors, and the burden is on the employer to prove its actions were taken for nondiscriminatory reasons.

Bills have been introduced in the Senate and House to reverse what many people, including me, see as a grossly unfair decision. Sponsors OF THE LEGISLATION, Sen. Tom Harkin of Iowa and Rep. George Miller of California, hope to put age discrimination cases on an equal footing with other types of employment discrimination claims.

If you want to meet with an employment lawyer, ask for a no-charge initial interview before deciding whether your complaint has legal merit.

DEAR JOYCE: I became disabled at age 52 and will apply for Supplemental Security Income (SSI) payments. Are they taxable? - K.H.

I asked the Social Security Press Office for clarification. Here are highlights:

SSI payments are not taxable. SSI is a program of income based on need paid to individuals who are disabled, blind or age 65 and older. To qualify, a person must have very limited income and little in the way of resources (such as bank accounts). The current maximum federal monthly payment is $674 for an individual. Some states supplement the federal payment. By contrast, the average Social Security retirement benefit is $1,159.

For more information, look at two useful Web sites: www.socialsecurity.gov/ssi and www.ssa.gov/pubs.

DEAR JOYCE: Is there a directory of student loan forgiveness programs - like those for teachers who work in inner-city schools a certain number of years and get their loans forgiven? - N.V.S.

I don't know of an up-to-date student loan forgiveness directory. Browse for "student loan forgiveness" and you may turn up a few useful leads.

DEAR JOYCE: Should I take copies of my yearly reviews from previous employers to job interviews? - H.H.

Think about two factors before you do and reread the reviews before deciding. You may not have seen them for years and not remember how they actually present you.

First, the review data is usually considered a company's proprietary information. Sharing it may not make a favorable impression even if it says you are a top performer.

Second, a review is rarely perfect and probably includes spaces to suggest areas that need improvement, such as organizational skills or written communication abilities. Can you document examples proving how you corrected areas of deficiency? Why raise a negative, especially when two or three reviewers say the same critical thing?

Instead, how about compiling a quotation sheet (Q-sheet) with excerpts of complimentary statements from your reviews? Hold your Q-sheet until the interview is drawing to a close. You need not go into detail about the source. Just suggest: "Perhaps you'd like to see what some of my previous managers have said about me." A well done Q-sheet is a great leave-behind document, adding extra sell to your exit.

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