Regular visitors to the Work channel may be aware of my “Ask Bob About Jobs" column. You can submit your work-related questions directly to me. Several questions are selected each week to be answered in the column in the hope that the questions and answers are of value to the 50+ reader.  Occasionally, I will also answer questions in my Journal.

Q: I’m retiring after working 31 years for the U.S. Navy. I went to work for a telecommunications company. I was laid off after 10 years due to a merger. I have a great work history and am eager to continue working.   Unfortunately, I am finding it difficult to find a new job. It could be my age or also my impaired hearing that prevents me from working at a job requiring use of a phone. I am a fluent lip reader so I can work face-to-face with no difficulty. I have had several possibilities but my hearing problem seems to be stopping me. Do you have any advice?   Merry. – Annandale, Va.

A: Merry, first let me compliment you on your persistence and fortitude. You didn’t mention the type of work you did, so my suggestions will have to be somewhat general.

You should be aware that you have two important federal laws in your favor. The 1967 Age Discrimination in Employment Act (ADEA) prohibits consideration of age in hiring and employment decisions and actions. 

The second, and more important for you, is the 1990 Americans with Disabilities Act (ADA). This act specifically addresses employment issues. In summary, employers must provide reasonable accommodations to protect the rights of individuals with disabilities in all aspects of employment. Possible changes may include restructuring jobs, altering the layout of workstations, or modifying equipment. Your hearing impairment will be an obstacle only when hearing ability is a genuine job requirement that cannot be “reasonably accommodated.”

Both of these laws protect your employment rights. You would think that the simple existence of these laws would compel employer compliance. Regrettably, this is not always the case. Rather than doing battle with employers that resist compliance with these laws, I recommend you put your energy into finding employers who value all employees, regardless of age or disability.

You wonder if your difficulty finding a job could be due to your age and hearing impairment. I can’t determine if you have been the target of bias due to age or disability, but it’s likely this hasn’t helped you. My advice is to ignore your age and hearing impairment and proceed with your job search - it seems there isn’t much to do about either condition. So where to look?

I checked job postings on AARP.org’s job search and found 364 openings within 30 miles of your home; 299 openings within 20 miles; and 69 openings within 10. Many of these jobs are with Age-Friendly Certified employers recognized by RetirementJobs.com, AARP, or both. Most of these employers are in retail and your hearing impairment should not be an obstacle. They include Borders; Citizens Bank; Fresh Market (grocery); REI (recreation product); Safeway; Staples; Synergy HomeCare (in-home health and personal care services);  Erickson Retirement Communities; and Talbots. These jobs offer a pleasant and active environment and they have declared their desire to hire workers of all ages.

There are several non-profits searching for tutors, job coaches and aides to work with disabled or learning impaired students including Educational Services of America – College Living Experience; and Pride Industries.

Finally, staffing agencies have many appropriate openings (I looked at all of them). Age-Friendly staffing firms in your immediate area include Accountemps, Office Team, Manpower, and Express Employment Professionals. They’re all Certified Age Friendly! Best wishes on another 10 or 20 years of work.

  Regular visitors to AARP.org’s Money and Work channel may be aware of my  “Ask Bob About Jobs” column. You can submit your work-related questions directly to me.  Several questions are selected each week to be answered in either my blog or the twice-monthly column in the hope that the questions and answers are of value to the 50+ reader.  

Some questions ask for information and specific guidance about finding and keeping meaningful and rewarding jobs.  Other times, the questions are more general and invite a bit more judgment and personal opinion.  I thought I would try answering several such questions in my journal in the hopes they will trigger reader responses and suggestions.  Perhaps you’ll be encouraged to send in your own question.

Q:  I’m 50 years old, divorced since age 35 and getting ready to send my youngest off to start college.  After earning a BA from UCLA, I worked in several challenging professional positions but then became a working Mom about 20 years ago and since then have held only modest jobs so I could focus on raising my children.  Finally, it’s “my time” and I want to resume a stimulating and rewarding career.  I am open to any options though I’m having a tough time getting on track to pursue appropriate employment.  What in the world can I do??  Terri, Bellport, N.Y.

A: 50!  Wow, 50 is YOUNG.  I’d love to be 50 and know what I know now!  First, my compliments on your decision to put work in its proper place and focus on raising your children.  Sending the youngest off must be a relief but what to do with your time now? 

Age 50 is a wonderful time to restart a career or transition to something new.  You have at least ten to fifteen years or more to work before considering a more traditional retirement.  The problem can be that you have too many choices and it can be difficult narrowing down your options.

It’s an ideal time to take stock of your resources and then ask “what’s next?”  Retirement Living TV produces an excellent show titled just that – “What’s Next?” The show features real life makeovers for people 50+.  The steps they generally recommend are:

1. Health Evaluation: What is your health condition and are you caring for yourself and living a healthful lifestyle? What type of health insurance coverage do you have?
2. Financial Evaluation: What is your financial status and what are your current and forecasted income needs?
3. Social Evaluation: Are you living where you feel most comfortable and do you have a close and supportive social network?
4. Work:  What role does meaningful work play in your long term plan? 

Then comes the big question:  What do you want to do now that you’ve grown up?  What are you passionate about?  What tasks do you most enjoy?  What kind of work environment and colleagues do you most enjoy?  Make a “dream job” list of your top 10 career choices and prepare a “pros” and “cons” rating.  You may even want to consider those that require additional training or education.  Ask others what career they envision you pursuing.

Considering working at temporary positions available through top staffing firms such as Manpower;  Robert Half;  Kelly Services;  Adecco; and Express Employment Professionals to try out different occupations.  You may even want to consider a part-time job in occupations and industries of interest.

There are several excellent career reference books available as well:

1. Over-40 Job Search Guide, Gail Geary, JIST Works Publishing, 2005
2.  Second Careers – New Ways to Work After 50, Caroline Bird,  Little, Brown, 1992
3.  How to Find a Job After 50, Betsy Cummings,  Warner Business Books, 2005
4.  Job Hunting After 50, Samuel Ray,  John Wiley & Sons, 1991
5.  What Color Is Your Parachute?  For Retirement,  Richard Bolles,  Ten Speed Press,  2007

Narrow your “dream jobs” down to three or four and sketch out a plan to prepare for each occupation.  Starting with your top priority prepare a job search plan, identify target employers, prepare a statement of career objective and resume (highlighting that you’re are a career “re-starter”) that emphasizes your skills, capabilities and knowledge.  Describe your 20 years as parent and provider as a single item on the resume. 

The key though will be a clear and decisive declaration of your career objective.  You need to “knock the socks off” of potential employers with your enthusiasm for specific career opportunities and their organization.  You need to research employers of interest and impress them with your knowledge.

I checked job openings at RetirementJobs.com within 30 miles of your home – there were 94 and I suspect you would consider most of them “modest.”  If you are willing to commute to Manhattan there are countless challenging jobs available.

So my advice?  Make sure your “house is in order”, identify your top “dream jobs”, lay out a search plan for each and get started.  It’s sort of like being 20 again when people asked, “Well, what do you want to do for a living?” except that you have all that life experience to call on now. 

Do you have questions about organizing a job search plan?  Write again if you do.  Best wishes.

The 1967 Age Discrimination Employment Act prohibited age-based discrimination in hiring and employment for workers age 40+.  Did it cause employers to eliminate age bias as effectively as laws regarding gender or racial bias? 

I don’t think so.  Several observers have said that age bias is the “last socially acceptable form of discrimination.”  But recent U.S. Supreme Court rulings are likely to change this thinking.

In fact, interpretation and enforcement of ADEA appears to have done little to influence workers’ opinions about the prevalence of age bias. More than 95% of workers believe age bias continues to be an obstacle to getting hired and staying employed. 

The evidence indicates that workers seldom succeed in their claims of age bias – if they ever even try to bring a claim or legal action.  Historically, workers had a pretty weak position if they believed they were the subject of age bias.  Legal costs could easily run into the tens of thousands of dollars. The EEOC and legal process could take many months and even years. An employee’s reputation could be damaged irreparably and fear of retaliation if the worker is bringing a claim against a current employer.

In those cases where employees have solid evidence of age bias, employers are inclined to settle outside of court and then bury the problem with a binding release of liability and a confidentiality agreement. This  conceals the scope and nature of their age bias problem.

In fairness, I want to say that I believe that there are increasing numbers of employers who are sincerely committed to defeating age bias.  These “age friendly” employers understand the value of the age 50+ worker and their obligations to comply with the ADEA.  These companies should be commended and recognized.

So what’s changed?  For starters,  a March 2005 Supreme Court ruling determined that it was sufficient that an employee could claim age-based “adverse impact” regardless of an employer’s intent.  For example, if a layoff disproportionately affected older workers, regardless of the employers’ method for identifying those to be terminated, age bias could be claimed. 

The only problem was that employers could readily establish that their action had “reasonable cause” other than age.  Frequently, employers claimed that their basis was cost reduction – and guess what?  A good effort by the Supreme Court, but it didn’t do the job.  Employers won virtually every legal action.  But let’s give the Court credit for moving in the correct direction in interpreting the ADEA.

Now here’s the surprise!  The 2007/2008 Supreme Court has rendered five decisions strengthening workers’ ADEA rights.  This is an extraordinary series of events particularly in light of vigorous opposition by employer groups and industry lobbyist. 

Could it be that the growing importance of the age 50+ population and workforce is getting some traction?  I follow age bias law and claims very closely and I am optimistic that we are experiencing a fundamental and favorable “sea change” in our society’s perceptions about aging.

On June 19, the U.S. Supreme Court determined that employers now have the burden to prove that they did not discriminate, and it is no longer the burden of workers to prove their age bias claim.  This seemingly simple distinction has major implications.  Placing the burden of proof on employers will make it easier for employees to bring age bias claims to court, and increase the probability they will prevail.

I don’t believe the news here is that it will be easier to win a claim.  To me, the best news is that the courts, and subsequently employers, will change their policies, practices and behaviors and take steps to insure their workplace is age neutral. My hope is, that as a result, age-based bias will begin to fade away. 

I also have a concern about unintended consequences.  I don’t deny that age bias and discrimination does occur.  And while I believe that age bias often results from management indifference or inattention, there are instances of deliberate disregard of the ADEA law and older workers' rights. 

My concern is that older workers may be too quick to yell “age bias.”  There really are instances where the older candidate is less qualified than the younger;  the older employee is not the best candidate for advancement or promotion and the older worker selected for layoff or termination is less skilled, productive and effective.  Whether an employee is 20 or 60, age should not be the deciding factor.  The ADEA is intended to prohibit discrimination based solely on age. 

There were times when I was selected for layoff or failed to get a job offer.  There was no way I was not the best candidate – just ask me!  The first thought in my mind (probably to soften the emotional blow) was that it must be age bias.  I learned that not everything that feels like age bias is truly age bias.

I hope that the new legal landscape will protect those subjected to age discrimination without triggering a flood of ill-justified claims. 

Do you think Supreme Court rulings will make a difference and do you believe employers and our society are ready to start writing the obituary for age bias?  I would like to hear your opinion.  Bob 

At about age 40 I was pretty certain I would be able to retire at 55, maybe 58 at the latest.

 I wasn’t sure exactly what I would do with my time (at age 40 I could still think of a lot of things) – I just knew I wasn’t going to be working the 60-hour weeks that had been my routine since getting out of the service. 

 I was earning a pretty good income and had been building up savings to supplement my company pension, and social security.  Health insurance coverage?  Not a concern.  I was extremely healthy and the premiums were so low I never even paid attention to them.  Retiree health benefits?  I don’t even remember if they were offered by my employer.  I would never be sick enough to care.

 I’d give anything to be in that environment again.

 A few layoffs later and somewhat “north of 60,” I’m still working full time (and I’m fortunate to have a great job helping people age 50+ to find good work). I’m covered by employer-provided health care and my 401(k) and IRA accounts are almost back to where they were seven years ago. 

 Regrettably, I am no longer eligible for employer-sponsored retiree health benefits. I will receive a whopping $100 monthly pension from my employer of 30 years ago while premiums for health coverage cost more than $600 a month. My projected social security benefit will be equal to about 20% of my current salary (35% if I work until I’m 70). 

 To make matters worse, the retirement calculators you see on the Web suggest that I (or someone at my age) should be saving about 25% of my salary and earning 10% compounded returns on savings to maintain my current standard of living in retirement.  I estimate the cost of living (primarily food, health care, energy, and property taxes) for people over 60 is running at a 15 to 20% growth rate.  So: less income, higher expenses and more uncertainty.

 I’m getting too old for this.

 So what to do?  Inherit wealth?  None that I know about.  Marry into a wealthy family?  Too late.  Have numerous children who will take care of me in my golden years?  Too late again – I’m already in my “golden years.”  Avoid chronic and severe illness?  Once again, too late.  Been there – done that.  I never anticipated that getting older would be this difficult. 

 That leaves pretty much one path.  Eat wisely, exercise, keep learning and be prepared to continue or return to work.  Getting older may not be as great as we once imagined, but it beats not getting older!  In fact, recent research strongly suggests that older workers are happier and healthier.  So even if you don’t need the money, working may be good for you.

 There are actually quite a few meaningful, rewarding and enjoyable jobs available for age 50+ workers.  They may not be in your primary occupation, and they may not pay what you earned during your “peak earning years,” but that $10,000 to $30,000 in annual income may make the difference between scraping by and living nicely.

 At age 61, and after a lifetime of work in Human Resources management and consulting, I finally have the best job of my life.

I’m the Director of Research and “Chief Career Counselor” for the leading online career service for people age 50+ - RetirementJobs.com. 

I had 16 different jobs: paperboy, soda “jerk”, mailman, auto mechanic, landscaper, house painter, production line worker, computer operator, college instructor, plant supervisor, truck driver, soldier, warehousing manager, retail store clerk, customer service manager and accountant -- all before I turned  25!   None of these prepared me for a career in Human Resources.  But they did  give me a clear view of what working for a living entailed and the variety of jobs was ideal preparation for what I do today.

 I help age 50+ people determine how they can make a living or supplement their retirement income. 

Do you remember the “good-old-days” when you worked for an employer for a lifetime and retired with a gold watch, pension check and health care costs weren’t the biggest issue on your mind?  Within 10 years, this type of retirement will likely be forgotten.  We’re healthier, living longer and caught up in high tech, exciting times.  Studies indicate that more than 75% of us plan to work in some job beyond traditional retirement age.  For some, we’ll work of necessity to pay bills and obtain health care coverage.  Others will work because they choose to. 

Regardless of the reason, the evidence is clear that continuing to work in some fashion is good for your well being – physically, emotionally and financially.  Why not work at a job that is meaningful and rewarding?  Exploring and securing such a job is the topic of my journal.

Are there obstacles to finding your “dream job?”  Most certainly!  The workplace has changed a great deal.  Computer and communication technology has replaced paper, pens and stamps.  Having a personal computer and cell phone are now essential.  Skills, knowledge and capabilities that were unknown 20 years ago are now often considered fundamental.  You must be open to continuous learning.  And let’s not forget age bias.  Worker surveys indicate that more than 90% of people believe that age bias is a “fact of life” and represents a major obstacle to job seekers and workers age 50+ (and even 40+ in some professions and occupations).

Still, work-- whether as a volunteer in some form of community engagement-- or for a regular paycheck, is in the future for the large majority of us.  Why not be in a workplace that treats you with respect and dignity, provides competitive pay and benefits, and where the work can be meaningful, important – and even fun?

The job opportunities for older workers will blossom in coming years.  We are an important segment of the workforce.  We are capable, reliable, creative, diligent, productive and conscientious.  This journal will be a gathering place to share ideas, resources and opportunities about working at 50+.

I hope you will join in.

- Bob