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But the numbers seem to tilt toward a finding that the EEOC has not been offering enough help in this realm. Indeed, according to the organization’s own data, it brought only 10 age

discrimination suits in 2018. That’s a minute number compared with the disability (84) and sexual harassment (41) discrimination cases it brought that year. When one considers how difficult

it is for an individual to file a complaint, the 8 months, on average, it takes for any sort of resolution, and the paltriness of the compensation (if any), you have to wonder whether the

hassle is even worth it. Cathy Ventrell-Monsees is an attorney and senior adviser at the EEOC. She acknowledges the numbers but explains that the agency is trying to be strategic. This means

emphasizing tools such as mediation and settlements and bringing to court only those cases with the greatest potential impact. “For example, hiring is a big priority for us right now,” she

explains. “Our researchers are looking at online hiring systems and algorithms that can incorporate biases in the job-selection criteria.” But critics of the EEOC say there’s more at work

than simple strategy. An investigation by the online publication _Vox_ found a critical lack of resources at the EEOC. “It has a smaller budget today than it did in 1980, adjusted for

inflation, and 42 percent less staff,” the article stated. “At the same time, the country’s labor force increased about 50 percent, to 160 million. … The EEOC, in short, can’t come close to

fulfilling the mission Congress gave it.” Ventrell-Monsees concedes that “age discrimination issues have become more visible as older workers remain in the workforce longer” but counters

that the EEOC has “significantly elevated the attention the agency gives to age discrimination issues.” She cites a public commission meeting in 2017 focused on the ADEA@50, a web page of

resources on ADEA, and the 2018 “State of Age Discrimination” report.  While the EEOC is to be applauded for these efforts, it still handles an anemic caseload in the area and has said

little of substance about its plans to alleviate what it identified as a “significant and costly problem” for older workers. Gary Gilbert, a former EEOC chief administrative judge who now

heads Gilbert Employment Law in Silver Spring, Maryland, puts it more succinctly: “The commission is just not appreciating the degree of societal bias we have against older workers at this

time.” That bias can even be found within the federal government, which is the largest employer in the U.S., with roughly 4.2 million workers, including uniformed military and postal

employees. For one, it encourages bias with its mandatory retirement ages for many classes of employees. For example, federally employed law enforcement officers must retire at age 57, and

air traffic controllers at 56. The assumption is that physical and mental abilities depart at those ages. In fact, in many cases there’s no science to support such specificity; these age

limits are largely arbitrary.  “Such regulations were designed to meet the need for, and I quote from the law, ‘a young and vigorous workforce,’ ” says John Grobe, president of Federal

Career Experts, a consulting firm that advises government agencies and their employees about retirement. “But, hell, some people might lose a step at 55, and some might still be sharp as a

tack when they’re 70.” AARP Foundation is actively fighting discriminatory practices within the federal government. Last fall, Foundation attorneys filed an amicus brief in the Supreme Court

case _Babb_ v. _Wilkie,_ arguing that the lower court, by requiring an extremely high standard of proof from federal employees making age discrimination claims, has not complied with the

letter or spirit of ADEA.  “Even a single incidence of age discrimination in government is worrisome,” says Dara Smith, a senior attorney at AARP Foundation. “Private-sector employers see

that and say, ‘Well, if the federal government can get away with it, maybe we can, too.’ They should be held to a higher standard.” WORKING TOWARD SOLUTIONS FOR AGE DISCRIMINATION Although

the tendency is to view age discrimination in the workplace as an us-versus-them issue, general hostility toward employers isn’t going to solve anything. While there certainly are companies

discriminating against older workers deliberately, most organizations are simply unaware of their age biases because they’re so ingrained in our culture. A 2015 PricewaterhouseCoopers survey

of 1,322 CEOs in 77 countries found that while 64 percent had a diversity-and-inclusion strategy at their company, only 8 percent of those plans included age. “We need to work to bring

employer practices in line with both the 21st century and the longevity we’ve been blessed with,” says Rupert. “This isn’t entirely about us older workers reinventing ourselves,” adds Patti

Temple Rocks, the communication expert who lost her job to a younger coworker. “It’s also about business reinventing itself to be more welcoming and inclusive.” Still, Rupert, Rocks and

other experts we spoke with agree that openness, flexibility and creativity are needed from employees as well, especially when it comes to the final chapter of our careers. They recommend a

few strategies for older workers to explore if it fits their situation and comfort zone.  First, talk about your future with your employer. “For all sorts of reasons, that conversation is

not happening right now at most companies,” says Rocks. “Employees don’t feel comfortable saying, ‘I’m thinking about retiring in X number of years,’ because that marks them as not being

committed. Likewise, employers don’t know how to talk about this because they’re uncomfortable or afraid of getting sued.” But remember, as with all employees, employers have to do a

cost-benefit analysis of older workers, says Jack Kelly, founder and CEO of WeCruiter.io, a social media platform to connect job seekers with recruiters. “It’s not just age,” he explains.

“It’s not like they say, ‘Hey, Jack, you’re an old guy; you’re eating Werther’s candies; you’re wearing sweaters and slippers — we don’t want you around.’ It’s more the convergence of being

a certain age and making a certain amount of money.”  Which is why you should emphasize, and even quantify, your worth. The trick to avoiding a layoff linked to your “high” pay is continuing

to be a revenue producer or value creator and making sure your boss realizes that. “If you’re bringing in money, they’ll keep you around until you’re 100 years old,” says Kelly. Another

strategy: Consider phased retirement; it’s rare so far, but sensible and on the rise. “If a super-valuable employee is willing tstay on and contribute their wisdom at 25 percent less pay and

fewer days in the office, it’s a win-win situation,” says Rocks. And, of course, stay confident in what you can and do contribute. For example, don’t fall for the ageist myths that brought

us to this point—that older workers aren’t as sharp as younger workers, they are less productive and not as reliable, they aren’t as digitally savvy, and they are more ornery and difficult.

Surveys and studies refute all of these myths. Indeed, after examining all the research on this topic, Peter Cappelli, a professor of management at the Wharton School of the University of

Pennsylvania, says, “Every aspect of job performance gets better as we age. I thought the picture might be more mixed, but it isn’t. The juxtaposition between the superior performance of

older workers and the discrimination against them in the workplace just really makes no sense.” Beyond fighting these stereotypes in yourself and others, there’s also an important piece of

bipartisan legislation that AARP endorses and every American should get behind: Protecting Older Workers Against Discrimination Act (POWADA). Essentially, it would restore the burden of

proof for age discrimination cases so they would be on a par with other forms of workplace discrimination. Unfortunately, this legislation has been mired in Congress since 2009, when the 

_Gross_ decision spurred its creation. It’s time to get it moving again. Contact your members of Congress today, ask where they stand on this bill, and encourage them to support its passage.

AARP is doing the same. “A lot of us spent years working and raising our families during a period when you didn’t make waves because you wanted to keep your job,” concludes Cania, of HR

Compliance Experts. “While others have made their voices heard loud and clear on important issues like discrimination and harassment — such as women through the #MeToo Movement — we, as

older Americans, don’t appear to have yet found the catalyst for our movement against age discrimination. Our voices need to be heard loud and clear, and often.” Indeed, if we’re to make any

progress against age discrimination in the workplace and protect our financial security (and dignity!), it’s time to speak up — and make America’s dirty secret public.  _Joe Kita has been

an investigative journalist, book author and magazine editor for over 30 years and is a frequent contributor to AARP publications._