A survey of oil industry veterans reveals large differences of opinion on age discrimination.

Many people cite age distribution statistics as proof that age discrimination does not exist.

"The mean age of technologists is rising, so age discrimination would not appear to be a problem. The opposite is the biggest problem, the need to encourage new blood. The oil business is not seen as sexy or highly paid anymore. While the technology is fantastically advanced, we are seen as an old industry, generating rusting hulks and pollution," said one respondent to an e-mail survey on age discrimination.

Company position
The sensitivity of companies to the risks of getting sued features prominently in the replies of those who don't think age discrimination is an issue.

* "Managers and human resources staffs are acutely aware of the pitfalls of modern workplace legislation and regulation and strive continuously to comport themselves in accord with both the letter and the spirit of the rules."

* "Both major companies in which I have been intimately involved with the selection process have been extremely meticulous in making sure they selected people based on talent for their new roles rather than age."
However, people admitted that company rules may not eliminate biased rogue managers.

* "That is not to say some particular individual has not been discriminated against by a particular supervisor. Such cases may be real even though there is no systematic discrimination."
Age discrimination may be more of a problem in the United States than elsewhere.

* "The industry in other countries seems to be a bit healthier. They sometime lack experienced people, but they have a more constant level of hiring."

There is also the perception that, within the US, the situation depends upon the type of employer.

* "In contrast with major oil companies, age discrimination is not a problem in independents. There is even bias the other way. Independents place more emphasis on experience and what someone can contribute today."

Perceptions

Older employees may be viewed as deserving termination.

* "People continue working, sometimes to the point where their experience doesn't make up for a noticeable lack of energy."
* "He didn't want to learn new software, adapt to new ideas, work within a team... The corporation was culling someone who had let himself become obsolete."
Attempts to manipulate the industry's skewed age distribution face a credibility test.

* "Many companies offer retirement packages and downright fire people while simultaneously actively recruiting at colleges and within the industry for young new hires and hiring them. They are replacing a higher paid person with a lower paid person . . . That's age discrimination from the employee viewpoint, but probably good business from the corporate standpoint."

Pay rates

The tendency of salaries to increase with age is often cited as a reason for discrimination.

* "Several highly skilled older workers were not offered jobs after the merger and the only reason I could see was the new company did not want to pay their higher salaries."

* "The big issue was the correlation between age and salaries . . . Subtle comments came down from 'on high' about cutting costs."

Many people believe that companies use their appraisal procedures to legally justify discrimination.

* "Companies build a history before they lay someone off, usually by giving a series of poor appraisals."
* "Unrealistic objectives were imposed on the individual . . . This person was laid off approximately 6 months after the poor appraisal process began and was replaced by a younger person within days."
* "One well-known engineer was declared 'not competent' in 'technical knowledge' although the same manager had placed him in the 'excellent category for the same item during previous years. Unless the professional came down with Alzheimer's or something close to it, this would not be explainable except how it was intended - get rid of older professionals!"

Future contributions

In ranking employees, often companies consider not just performance, but also projected future contributions. Many people see this as rigging the system to justify what is in effect age discrimination.

* "Ranking lists are usually based a great deal on future potential, which automatically pushes many older employees a long way down the list."

Many people report bias in filling jobs in which professional growth is possible.

* "Line management jobs are reserved for those 40 to 45ish and are considered development jobs."
* "When you reach your mid-40s, whatever level you're at, you're going to stay at."

Others find the system even more prejudiced.

* "People over 50 were downgraded and much younger people replaced them or were promoted."
Younger employees see older folks who are eligible for early retirement as being lucky, but their elders may not.

* "Discrimination is in the form of early retirement incentives. Seems the retirement age has gone from 65 to 60 to 55 and is now at 50."

* "It is fairly well known that if 'encouraged' to take a package, chances of getting laid off are 100% immediately following the closing date for packages."

Looking for work

Those who take packages often find themselves back in the job pool.

* "People retire thinking they are retired, only to discover a year later that their lifestyle is suffering and their savings are depleting faster than expected, so they start looking for employment . . . other people took the package and bet on getting an equal or better job immediately."

If you thought age discrimination was a problem with a current employer, it can be far worse for the job seeker.

* "My last 2 years' of experience convinces me that age discrimination is a serious problem. I registered with a leading job Web site specializing in E&P jobs worldwide. I applied for several job postings (maybe 50 over 18 months or so), some requiring skills and experience which fitted mine like a glove. Not a single company bothered to even call for an interview. Once they see a master's degree with 33 years experience, it does not take a lot to figure out that I must be over 55 years of age. If that is not age discrimination, then I don't know what is."

* "A friend was told by a major oil company that unless you can earn a livable retirement at that company, they won't hire you. If you are late 40s or beyond, there isn't a way to earn livable retirement."

To protect themselves from legal action, some employers do not accept unsolicited resumes and screen on years of experience.

* "Prospective employers are afraid that if they turn down older candidates after an interview, they may be accused (rightfully so) of age discrimination. So they take the safer route of not even inviting the applicant for an interview."

Complete absence of older employees in the set of applications for some types of jobs should be challenged. People can encourage their professional societies to gather statistics on the age distribution of members seeking fulltime employment. Such statistics could be used to dispute the practice of eliminating older applicants by pre-screening.

One woman with 26 years of experience found preferences tilt different ways.

* "Having spent 5 months and 458 networking calls and meetings finding the next career opportunity, I certainly saw some companies that are unwilling to pay for experience. They are clearly looking for the younger hands . . . Other companies are specifically looking for experience 20+ years. Some companies are looking to find someone experienced in the precise area that will be their responsibility to minimize familiarization time and perhaps leverage off mistakes that have been made by other companies."

Consultant edge

When it comes to consulting, experience is valued and older professionals have an edge.

* "In public consulting the experienced, thus older, consultants are much more in demand than the younger ones except for those working in computer development."

* "Retirees are retained as consultants or contractors. This allows the company to cut costs (no office, no benefits, no long term commitment to the contractor) while still accessing the knowledge."

Gender differences

In their 40s, women may have an edge over their male counterparts. They are at the end of their child-bearing years, so corporations don't have to speculate about their pregnancy plans. Also, recruiters may subconsciously compensate for the bias younger women face.

A woman wrote about her experience doing college recruiting, "There were a number of geoscientists who had returned to school for advanced degrees and/or to work on environmental degrees. While the women in their 40s were well received and admired for going back to school, the men were characterized as 'sort of mature, don't you think.' It appeared to me that the qualifications and interviewing were similar."

End game

Reviewing the responses, it is clear that despite sincere corporate attempts to avoid vulnerability to age discrimination lawsuits, many people have encountered discrimination in their jobs and their attempts to secure new jobs. Inclusion of future potential as a ranking component for layoffs and absence of applications from older employees in the applicant pool may be chinks in the corporate legal armor.
To improve our chances of staying employed, we should strive to stay competitive by keeping our skills and attitudes current. It is tempting to blame external factors like discrimination for our problems even when we are at fault. Avoid the victim mentality trap. Leverage your experience to maximize the value you add to your employer.

Eve Sprunt is an oil industry executive. Responses in quotes come from her broad network of contacts in the industry who respond to her e-mail surveys.