Texas leads in age discrimination complaints

ADEA age discriminationA Time magazine article published on February 16, 2015 discussed the falling numbers of EEOC age discrimination charges. It points out Texas leads in age discrimination complaints with 9.2% of all age discrimination complaints filed with the EEOC. The article suggests the incremental reduction in age discrimination complaints each year since the economy collapsed strongly suggests economic improvement. Even if we assume that the article’s premise is true, we should be careful to confuse the larger trend with any meaningful suggestion that age discrimination on an individual basis is less likely to have occurred or that individual claims of age discrimination are any less valid.

Age discrimination attorneys

To the extent that the article’s conclusion is valid, we should be at least equally concerned here in Texas that our state is responsible for nearly one-tenth of all age discrimination claims. We can certainly identify employment and population trends that could explain why Texas is number one at age discrimination complaints. Our larger population makes us statistically more likely to have more complaints than other states. Over the past few years there has been a growth in jobs in the state. This created more opportunities for age discrimination in hiring. It has also brought more people to the state and created more competition for jobs.

There is a legitimate risk that companies bringing work sites to Texas have and will continue to target younger, lower paid employees. Many new jobs in Texas are in construction or oil where older employees are often replaced by younger employees. (Considered more capable of performing physical labor.)

The Time article explains that part of this trend is being a warm-weather state where retirees and older workers are more likely to settle. The article bolsters its position by pointing to Florida and Arizona as two snowbird states with many claims. It’s also worth pointing out the Texas population is per capita very close to its share of age discrimination claims. However, California, another warm state with a larger population did not do so poorly. So the explanation that Texas just has too many old workers is suspect.

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