The article in the url below reveals that, in spite of all the significant problems we currently face, the government sometimes just cannot help but trip over itself (which, of course, The WSJ just loves to highlight). The story focuses on an instance of what the government deems to be age discrimination:
"A moving company shows off the clean-cut, chiseled student athletes who pump iron before loading your furniture. The federal government says that's a problem."
Specifically:
"The Equal Employment Opportunity Commission sued Fresno, Calif.-based Meathead Movers this year for violating age-discrimination law by not hiring enough older workers. Employment attorneys and trade groups say the case will offer clues as to how the agency will approach antidiscrimination laws now that President Biden's picks are installed."
The company is definitely going for a certain look:
"Some Meathead Movers' trucks are stamped with the moniker 'student athlete movers.' Youthful-looking employees pump iron before grabbing furniture, according to a recent social-media advertisement."
It is hard to miss the intention, since it is embedded in the company's name, and they are proud to double-down on the brand:
"Employees compete in the Meathead Olympics in which they compete to assemble and leap over boxes. Numerous corporate Facebook posts show workers flexing with biceps bulging. Employees, dubbed 'Meatheads,' must jog from truck to house when not carrying furniture. The Meathead Movers Invitational is a company-sponsored wrestling tournament."
In its defense, the company argues that it is just good marketing and, anyway, older people do not want to do a job that involves constantly lifting heavy things:
"Meathead Movers executives say that the company is providing good jobs and quality services to the community and that it isn't discriminating against anyone—older workers just don't want to carry chests downstairs."
My understanding of this area of employment law is that, if there is a physical requirement that necessitates a certain physical characteristic (e.g., flight attendants cannot be too large as they potentially need to work in close confines in emergency situations), then requiring those characteristics is not illegal. Being willing to carry heavy things seems like it would be central to working for a moving company:
"Many of the EEOC's allegations against Meathead focus on marketing and hiring practices that could discourage older workers from applying. Current employees are asked to scour local gyms, colleges and places where they would hang out normally for new hires, according to the EEOC. Discouragement bias can be present in job ads, marketing materials and job application questions, such as asking about a student's class schedule, the agency said."
And, of course, once the lawyers get involved, all kinds of rational points are used to motivate the arguments on both sides:
"Advocates for older Americans applaud the EEOC's focus. 'Dwayne 'The Rock' Johnson is over 50. I'm pretty sure he would be good at moving boxes,' said Bill Alvarado Rivera, senior vice president for litigation at AARP, an association for the rights of older people. 'That kind of stereotype about who could be a good mover has no place in an economy that values individuals.'"
While advocates against government intervention are producing the kind of circular logic that only comes from legal advice:
"Others disagreed, saying that antidiscrimination lawsuits could hurt the types of workers they are trying to protect. Walter Olson, a senior fellow at the libertarian think tank Cato Institute, said age-related lawsuits could make companies less likely to hire older workers because they are a liability risk. 'It is the most counterproductive of all the major areas of discrimination law,' he said. 'It makes them less employable late in their careers because they are known as litigation dangers.'"
You would think we enjoy arguing just for the sake of arguing. The bigger issue, of course, is whether this is a productive use of government resources. My sense is that we have more pressing problems (than Meathead Movers' employment policies) that might require more urgent attention.
Take care
David
David Chandler
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A Moving Company Touts Its Young, Chiseled Workers. Feds Say That's Age Discrimination
By Austen Hufford
December 9, 2023
The Wall Street Journal
Late Edition – Final
