These findings were accumulated over a thirty year period and based on interviews conducted with thousands of individuals across the nation. These individuals were in all stages of their career paths, the beginning, mid stream, at their peek and entering the downward cycle.

Each year millions of Americans reach their forty fifth birthdays. In the past that meant they had the opportunity to perform well, work hard and retire with a nice pension plan and health benefits. That all started to change in mid 1980. Today reaching forty five or fifty means something entirely different and the plight of older workers has worsened dramatically since the 2009 Supreme Court ruling of Gross vs FBL.

The Workers Shelf Life business model has loomed in the shadows for decades and for a time was deterred by the Title VII ADEA of 1967 Act that protected women, ethnicity, age discrimination, religion & disabilities in civil rights law. Unfortunately the 1980’s recession opened the door to a new kind of downsizing that would erode the job and financial security and future of older workers, their pension plans, 401K, insurance benefits, Jobs and the American Dream. 

The American Dream

In the 50’s and 60’s, America began to see a glimmer of what it came to call the American dream. The dream seemed within grasp. Pioneering spirits, ingenuity, inventiveness, innovative ideas, hard work, self sacrifice, and true grit positioned America in the forefront in many industries including manufacturing, oil and gas, energy, railroads, automotive, aeronautics, construction, and technology. 

American workers believed hard work, dedication, top performance, and loyalty meant job security, advancement, raises, and a good retirement plan. It was the American way–what we called “The Good Life.” America was up for the challenge. Companies and workers pulled together to build a stronger and better industrial America. Ethical and fair business practices rewarded loyal service, hard work, and dedication with job and financial security and a good retirement plan. 

Building the Dream

In the mid 70’s and early 80’s Americans flourished, manufacturing, construction, commercial and residential, real-estate, banking and the savings and loan industry; all business revolved around the major oil and gas boom and the auto industry.

Prosperous oil companies purchased land in Houston Texas for the purpose of building their world headquarters that would house oil companies from around the world. 

The oil and gas community sky rocketed and construction thrived as home building and real estate surpassed all expectations. Lending prospered. Life was good!

Cracks in the Veneer 

By the mid 80’s, Middle Eastern oil barons had succeeded in educating two generations of their countrymen in petroleum engineering by schooling them in prominent American Universities . 

No longer dependent on other countries to run their oil companies and refineries, and now in complete control of global oil prices, these oil barons no longer needed the services of American business. A long and deep recession-depression followed. 

End of an Era

The oil/gas crash had the predictable domino effect wiping out all petroleum related jobs and taking with them construction, commercial, residential real estate, and the savings and loans. All of this only added to the decline of auto manufacturing. 

This recession-depression was the catalyst for big business to introduce a new business model and legal strategies that would skirt around labor and age discrimination laws; thrusting many workers into the down side of their career cycle. It would take Americans several years to fully understand the repercussions the shelf life business model would have on their lives. 

The End of the Dream

Those who bought into the American dream were led to believe that education, acquired experience and credentials, hard work, top performance, and loyalty could lead to job security, a good income, benefits, and a good retirement, 401K plans.

Initially, our career goals and expectations are attainable, and clearly our coworkers already seem to be living the dream. When an older worker received a pink slip, it was assumed that poor performance is the issue. 

After all, laws, programs, and agencies are in place to protect America’s work place. However, realistically over the last thirty years, labor attorneys and human resources professionals have become experts and well versed in all aspects of the EEOC and age discrimination laws. There are no EEOC laws left that have not or can not be bent, twisted or manipulated.

A 2009 Supreme Court Ruling in the case of (Robert Gross Vs FBL, Farm Bureau Life)the 83rd Largest Company in the world (NYSE: FFG) FORTUNE Magazine’s Sept. 20,2011 –FBL joined giants like Apple & Amazon.com on the list, and one of only ten financial services on that exclusive list . 

Adding insult to injury Clarence Thomas wrote the majority of the law, joined by Chief Justice John G. Roberts & Justices Antonin G. Scalia & Anthony M. Kennedy & Samuel A. Alito that nullified and ended the age discrimination portion of the Title VII ADEA of 1967 Act that protected women, ethnicity, age discrimination, religion & disabilities in civil rights law. What will be next?? 

What the“Workers Shelf Life” Looks Like

A workers shelf life begins at about age 45, accelerates with each birthday and once the downward cycle begins it is almost irreversible. The syndrome is certainly not a secret to the senate or the congress. They refer to it as “The downward cycle”. It’s discrimination, a violation of our civil rights, a social issue, and completely unfair to the 99%.

Ambitious executives and management eager to earn millions in bonuses systematically use recession or slight economic down turns as an excuse to eliminate workers age 45 to 65. It usually begins with reorganizing, closing departments and eliminating specific jobs only to give the same old jobs, new titles and refill them with younger workers earning lower salaries.  This practice eliminates paying out promised retirement contributions /benefits to employees and reduces insurance and payroll costs. 

 FYI: The high cost of training and recruiting far exceeds the slightly higher salaries older workers may incur. It’s a fact that training and recruiting costs are the number one and largest expenditures most companies pay out each year. Ironically that fact does not show up until the next year in some obscure accounting column, hidden from stock holders, and discovered long after executives have collected their bonuses and run. 

The Horrors set forth against older employees in the work place have increased substantially since 2009. Micro management, demotions, public humiliation, criticism, intimidation, degrading, threats and the bulling continues until an employee is finally driven out or written up . Three Strikes and you’re out and the labor attorneys, human resources specialists and upper management have fulfilled their legal obligations. It is no surprise that the suicide rate is up 23% in this group.   

 The Handwriting Is on the Wall!  

The message is loud and clear! The 99 % can not afford to wait for the inevitable outcome that our predecessors faced and that many experience now.  Age discrimination crosses all social, cultural, ethnic , gender, economic, political, religious boundaries and the one thing that everyone will be affected by in their life time. American workers deserve a fair work place where multi-generations can create a smarter cutting edge work force built on a foundation of accumulated knowledge, experience and wisdom. In so doing we will keep jobs in America, increase corporate productivity and regain our place in the global economy .

Please sign   this petition and send a message to congress & the white house that age discrimination must stop in America. 

The “2011 Fair Playing Field Act to Protect American Workers against Age Discrimination”  http://signon.org/s/HkT7QV

Together all things are possible! GOD BLESS AMERICAN WORKERS!