Older women in the workforce should be considered collectively as a unique demographic group that includes both gender and age if they’re to receive adequate protection against workplace discrimination, according to a new article.

«Age discrimination laws may be ineffective or less effective for older women,» says Joanne Song McLaughlin, an assistant professor of economics in UB’s College of Arts and Sciences. «These women are falling through the cracks.» The effectiveness of these laws is critical, not only in protecting against the inherent injustice of employment discrimination, but in ensuring the viability of Social Security.

«We expect to see a continued decline in the ratio of workers to retired individuals in the near future as the population ages,» says McLaughlin. «This increase in dependency ratio poses a serious Social Security solvency issue. Employing older women who want to continue working is one way to influence that ratio.»

The Age Discrimination in Employment Act of 1967 (ADEA) and Title VII of the Civil Rights Act (Title VII) are part of a collection of state and federal laws intended to provide equal employment opportunities. ADEA prohibits age discrimination while Title VII prohibits gender discrimination.

The two laws, however, function independent of one another and do not work well in concert, because each is a separate statute. The courts subsequently do not usually allow cases that combine them. It’s either age or gender in cases of discrimination, which fails ultimately to guard against the circumstances faced by older women: intersectional discrimination, the point where multiple demographic characteristics are responsible for limiting opportunities.

McLaughlin says previous research suggests the laws seem to protect older male workers. She also cites studies showing differential treatment against older women and the role of appearance.

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Materials provided by University at Buffalo. Original written by Bert Gambini. Note: Content may be edited for style and length.