Allegations In Lawsuit Against Mattel Exemplify Ageism At Its Worst

Bullying still happens in the workplace, even in large, well-known companies. It’s shocking to believe that people still behave so badly. Even more shocking? Companies tolerate it. Workplace bullying is often directed at people identifying across different dimensions of diversity such as race, gender and age.

Last month toymaker Mattel was sued for harassment, age discrimination, retaliation, and wrongful termination. Plaintiff Bernard Grisez was a permatemp set and scenery builder at Mattel for nearly two decades.

According to the lawsuit, Grisez managed Mattel’s set building for some of the biggest trade shows in the toy industry and had substantial responsibilities, including training newer and often younger employees. He was known for his consistently outstanding work and never received any discipline.

Despite Grisez’s longterm service, exemplary work history and unquestionable skill, he alleges he was repeatedly passed over for promotional opportunities and permanent employment due to his age. Mattel offered promotions and permanent employment positions to less-experienced, younger individuals, many of whom Grisez had trained.

Grisez’s lawsuit maintains that Mattel co-workers and supervisors subjected him to a barrage of ageist taunts and harassment, repeatedly asking when he would retire, commenting on his age, calling him an old man, saying he needed a walker to get around and posting hurtful images of him around the office.

Other taunting included profanity and threats. “I’ve been trying to get rid of you for years,” Mattel’s Managing Director allegedly stated in front of co-workers. A supervisor made ageist comments including, “What was it like growing up in the ‘60s–I mean the 1860s?” and questioned whether he took Centrum Silver–vitamins made specifically for individuals over the age of 50.

When Grisez reported the overwhelmingly toxic and hostile work environment to Human Resources–that he was routinely berated, mocked and ridiculed by his peers and supervisors because of his age–they substantiated his complaints. However, rather than take corrective action, according to Grisez’s lawsuit, the company retaliated.

His permatemp job was eliminated, and HR offered him a permanent position at a lower hourly rate. The bullying and ageist taunts did not end until Grisez was terminated at the age of 68 last October.

It’s Not Funny

Many people defend ageist behavior by claiming it was just a joke. That defense likely will not work in the courtroom. Nor should it ever be accepted by managers or HR when an employee makes an internal complaint.

Ageism is not funny. It is hurtful and can lead to discrimination and litigation, as in the case of Mattel.

Companies should proactively train employees about the many ways ageism shows up in the workplace–across all ages. If a company has an internal training program on bias that doesn’t include age, they are ignoring one of the most prevalent “isms” in the workplace. Not only does this hurt the employee culture, but it could set the company up for an age discrimination lawsuit–or worse, a class action case.

How Companies Can Proactively Address Ageism

The U. S. Bureau of Labor Statistics reports the average annual growth rate of 16-to 24-year-olds in the labor force is projected to decline. By 2024, the younger group will constitute 11.3% of the labor force. By contrast, the number of people over 65 is expected to nearly double over the next three decades, from 48 to 88 million by 2050.

There are more jobs than young talent. Building an age-inclusive, age-equitable workplace culture is not optional for any organization wanting to attract and retain a solid talent base. Without it, organizations will continue to suffer from constant turnover and talent shortages, as the current climate has demonstrated.

Here are five ways to begin.

1. Educate employees about ageism. There are many ways ageism shows up in the workplace across all ages. Expert training and facilitation on the many age myths, stereotypes and biases against younger and older workers increases access to talent. It also creates solidarity across the age spectrum, thus enhancing a workplace inclusion and belonging culture. Real change takes time and requires regular reminders, process checks, transparency and consistency.
2. Know where your employees stand. Even more than salary and benefits, it is feeling heard and believing their contributions matter. When organizations tend to their employees’ needs, internal and external reputation improves. That’s why it is essential to monitor workplace culture to ensure employees feel productive and engaged. Anonymous surveys asking employees how age is perceived can provide a temperature check of the culture, highlighting where things are going well and where there may be problems.
3. Conduct a complete age equity audit with a review of internal and external policies, processes and messaging. Is age included in the company's anti-discrimination and harassment policy? Does your diversity recruiting strategy include age as a dimension of diversity? Does your Equal Employment statement include age? Is age diversity represented on your website?
4. Avoid using generational labels such as Boomer, GenX, Millennial and GenZ since these labels have stereotypes attached to them. Refer to specific age ranges or default to 10-year brackets.
5. Sponsor an Age Equity ERG. Providing a safe place to discuss age-related concerns. Partner with leaders in the organization who can investigate and address these concerns. Is there a pattern of passing up older workers for promotions? Are younger employees dismissed for challenging development assignments or given an unfair share of tedious work?

When age discrimination is not reported or no action is taken when it is, the likelihood of it occurring again increases. Companies that train employees on age bias and discrimination, and take corrective action immediately to address ageist behaviors, set the stage for success. Not only will doing so help older workers feel more included, but it also creates a workplace that younger employees will feel safer aging into.