I totally agree that the older, more loyal workers should be protected however with the tide now turning against the employer, it is time to exercise extreme caution in the language that is commonly used. Yes. It happens and rather frequently. However, the offenders often do not know that they are engaged in this activity. Inappropriate behavior and off-hand remarks will sneak up to bite you. As a corporate director for a fortune 500 company, I have been blindsided many times by disparaging remarks made by your management team? The managers don’t realize at the time that they are in a discrimination mode. I detail these likely events in my management book, Wingtips with Spurs (More ... ) Usually they will ‘get it’ when their depositions start. When you hear the following phrases, stop the offender, offer some education, and hope to goodness no one else heard them. If it happens again with the same person, it may be time to sell the cow. The courts and juries will decide if the remarks are ‘stray comments’ or direct evidence of a discrimination mindset.
• “We need sharp, young people.”
• “We need people who can come in early and stay late.”
• “They’re dinosaurs.”
• “They’re too old to learn something new”
• “We want employees who are young, lean, and mean.”
• “They wouldn’t be able to keep up with the fast company
growth.”
• “We’re looking for longevity.”
• “We need some young blood in this department.”
If a manager allows a culture that tolerates remarks such as the ones above, then the manager will probably get what he or she is asking for. The great leader will remind management on a frequent basis that they should never forget silence is often the best answer. Michael L. Gooch, SPHR Author of Wingtips with Spurs: Cowboy Wisdom for Today’s Business Leaders More ...

Thank you for your insightful comments Michael. Of course, with all of our laws, there needs to be a happen medium. While I understand that no one wants to have to go through litigation or spend costs to defend the same, juries usually (not always) see through malicious acts of discrimination. Furthermore, I believe that most people are decent enough not to bring frivolous claims.

This is a risk that we must accept in order to protect a class of individuals who need protecting. There will always be such situations, but in the end, the benefits outweigh the risks. These arguments could be made with racial discrimination; however, without the civil rights statutes, we would not have made the strides we have made since the '60s. Additionally, without the same risks with Title IX, we would most likely not have seen women rise to the levels they have. See Hillary Clinton and Women's Soccer, etc.