The Agenda

Walter Olson on Age Discrimination Laws and Employment Levels

In recent years, as healthy lifespan has increased and as the value of retirement portfolios has deteriorated, a larger number of over-65 workers have remained in the workforce. Because older workers have on average somewhat higher levels of educational attainment than those just entering the workforce, and because they by definition have more work experience, this has made a valuable contribution to the economy. 

Yet there is more we can do to aid older workers who are looking not just to remain in their jobs but to find new ones. Some believe that the best way to help older workers is to strengthen age discrimination laws. Walter Olson, writing in Reason, suggests that this approach is likely to backfire, and that we should in fact move in the opposite direction:

The main cash-and-carry effect of age-bias law is to confer legal leverage on older male holders of desirable jobs, such as managers, pilots, and college professors, who by threatening to raise the issue can extract ampler severance packets than might otherwise be offered them. Much legal talent is wasted in the resulting exit negotiations, which seldom seem to rouse the ire of critics of gaudy executive pay, golden parachutes, and so forth.

It blatantly backfires on those it tries to help. Once cut loose from the old job, those same buyout recipients find it harder to land the next high-level job because of the perception that older hires are more likely to need buyouts not far down the road.

While its unlikely that repealing age-bias laws would have a dramatic effect, it does seem as though it would do some good, particularly as our population ages. 

Reihan Salam is president of the Manhattan Institute and a contributing editor of National Review.

Most Popular

Film & TV

America’s Favorite Movie

For more than a decade, readers volunteering their ratings on the movie site IMDb have declared The Shawshank Redemption (1994) their favorite film of all time. (Number two is The Godfather). Unlike the unholy tablets that are the box office charts, which are strongly linked to marketing budgets and show a ... Read More
Film & TV

America’s Favorite Movie

For more than a decade, readers volunteering their ratings on the movie site IMDb have declared The Shawshank Redemption (1994) their favorite film of all time. (Number two is The Godfather). Unlike the unholy tablets that are the box office charts, which are strongly linked to marketing budgets and show a ... Read More
U.S.

Some Good News Going into the Weekend

It’s Friday -- although I know it’s getting harder and harder to tell these days. You deserve a respite from yesterday’s gloom. (If you’re hungry for more gloom, there’s always the most recent edition of The Editors podcast -- and thank you, dear readers, for checking on me.) Today’s newsletter ... Read More
U.S.

Some Good News Going into the Weekend

It’s Friday -- although I know it’s getting harder and harder to tell these days. You deserve a respite from yesterday’s gloom. (If you’re hungry for more gloom, there’s always the most recent edition of The Editors podcast -- and thank you, dear readers, for checking on me.) Today’s newsletter ... Read More
Politics & Policy

Welcome Back, Plastic Bags

Single-use plastic bags are a miracle of modern technology. Cheap, light, convenient, and ubiquitous, they provide an elegant solution to a problem. If you recycle them, as most people do, and put your rubbish in them, that creates a net reduction in carbon emissions compared with buying the heavier, thicker ... Read More
Politics & Policy

Welcome Back, Plastic Bags

Single-use plastic bags are a miracle of modern technology. Cheap, light, convenient, and ubiquitous, they provide an elegant solution to a problem. If you recycle them, as most people do, and put your rubbish in them, that creates a net reduction in carbon emissions compared with buying the heavier, thicker ... Read More
Science & Tech

The 41 Worst People You Meet on Twitter

Twitter, even more so than blogs, offered us the revolutionary promise of a virtual town square: You could hear from and engage with people from many walks of life, the prominent and the ordinary, in real time. You could read news as it breaks, debate the great issues of the day, and have fun. That promise ... Read More
Science & Tech

The 41 Worst People You Meet on Twitter

Twitter, even more so than blogs, offered us the revolutionary promise of a virtual town square: You could hear from and engage with people from many walks of life, the prominent and the ordinary, in real time. You could read news as it breaks, debate the great issues of the day, and have fun. That promise ... Read More