I feel sorry for human resource people nowadays. HR is marginalized. No one really pays much attention to what's going on in HR and HR struggles with the fact that what is prevalent in America today is job boards, huge databases that we use to recruit and hire people.

Sure, some employers are are afraid of letting older workers go because they think they're going to get sued. And they probably will get sued. But the reality is, you could get sued at any time by any kind of worker. I think its incumbent on an employer, if they want to be smart, to figure out what is the benefit of keeping this employee or letting them go. Do the calculation and just go ahead and either keep them or let them go based on what's good for the business.

Remember, the word "discrimination" isn't always pejorative. When an employer discriminates because an older worker lacks certain kinds of skills that are important in the market today, then it's almost a legitimate form of discrimination because the employer is just trying to figure out who can actually get the job done.

I think stupidity in business is really an interesting thing. What winds up happening is a disconnect between your company's strategic management and then your more applied on-the-street management. I guarantee with you that the board of directors of most companies has no idea what the costs of hiring people really is in the HR department.

I really don't think that an older worker can stop age discrimination, but you can successfully distract the employer from that issue if you focus on the reason they really want to hire you and that can make you more successful. It's up to you to demonstrate that.

There is age discrimination, but I think there are two kinds. One is when the employer is discriminating for specific reasons and doing it intentionally. The other is where you have managers who really aren't looking to discriminate but feel a little on edge because the candidate they're talking to is older. Sometimes they can even smell age concern on the part of the candidate and they wind up discriminating almost unconsciously.

Only a human being would be able to assess whether candidates are capable, personality-wise, of sharing and disseminating that institutional knowledge to help other newer and younger workers.