The Effects of Changing Anti‐Discrimination Legal Standards on the Evaluation of Older Workers

Abstract

Recent court decisions have raised evidentiary standards for demonstrating age discrimination, which may also impact attitudes toward older workers. In 2 studies, we explored the relationship between perceived legal protections and attitudes toward older workers. In Study 1, perceptions of current discrimination laws predicted attitudes toward older workers. In Study 2, participants received a training module that either discussed the recent ruling or previous law. When the new ruling was presented, older targets were rated less capable of change and less suitable for their jobs than were otherwise equivalent younger targets. Individuals high in power distance were particularly susceptible to this effect. Implications of the importance of age anti‐discrimination laws are discussed.

Gone Fishing: I–O Psychologists' Missed Opportunities to Understand Marginalized Employees' Experiences With Discrimination

“…The absence of this mixed‐motive complaint in discrimination law under the ADEA might have important implications for the way in which older employees are treated at work. In fact, in a recent article, Cox and Barron (in press) found that when the new ruling was presented, older employees were rated less capable of change and less suitable for their job than otherwise equivalent younger employees. Rigorous research results that show how intergenerational ageism plays out under the new legal standards for discrimination will be informative to policy makers, rule enforcers, and attorneys as they grapple with the problems of an aging workforce.…”

The Baby Boomer bias: The negative impact of generational labels on older workers

“…Finally, the study did not endeavor to explore potential moderators of this effect. Previous research has indicated that individual differences such as social dominance orientation (SDO) and power distance orientation (PDO) can be significant moderators of prejudiced attitudes toward older workers (Cox & Barron, ).…”

“…More importantly, there are also legal protections for older employees that prohibit discrimination based on age. Evidence suggests that the presence of protective legislation leads individuals to be less willing to discriminate against minority groups generally and older individuals specifically (e.g., Barron, ; Cox & Barron, ). Further, laws that prohibit discrimination appear to affect how older workers are perceived in the workplace generally.…”

“…Further, laws that prohibit discrimination appear to affect how older workers are perceived in the workplace generally. In a population of management students, Cox and Barron () found that the participants' views of older workers depended on the participants' awareness of legal protections for older workers; participants who believed legal protections for older workers had been diminished expressed more negative attitudes toward those workers than those who believed legal protections still existed.…”

“…The role of PDO may also be an important moderator to consider when exploring the impact of age cohort label on outcomes for workers as there are no legal protections explicitly for Baby Boomers. In one study, high PDO individuals reported more positive attitudes toward older workers if they felt legal protections were in place and negative reactions if they felt the laws had been rescinded (Cox & Barron, ). Thus, the attitudes toward older individuals among high PDO individuals—who are more receptive to hierarchical influence—seem to be influenced by the perception of the legal protection of older workers.…”