ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Wednesday, May 29, 1996 TAG: 9605290126
SECTION: NATIONAL/INTERNATIONAL PAGE: A1 EDITION: METRO
DATELINE: WASHINGTON
SOURCE: ASSOCIATED PRESS
note: above
AN EXECUTIVE, 56, says he knows what the subtle forms of phase-out look like. He helped write the group's policy.
The American Association of Retired Persons is defending itself in federal court against a charge it engaged in ``subtle forms'' of the age discrimination it warns members about.
AARP strongly denies the charge by an executive who helped write the organization's age-discrimination policies.
Otis ``Gabe'' Gabriel, 56, still has his $59,000-a-year salary and his ``almost corner office'' at AARP headquarters. But he contends that in late 1994 the AARP deprived him of just about everything else - his job title, duties as manager of employee relations, staff and $200,000-plus annual budget.
His new job designation, manager of special projects, isn't even a part of the internal organizational flow chart.
``It's a phase-out position,'' Gabriel said in an interview. ``I was in Human Resources. I helped write age-discrimination policies, so I know what it looks like.''
Spokesman Ted Bobrow said the association doesn't engage in any sort of discrimination against workers, and he pointed out that the AARP has vigorously fought age bias on the job and elsewhere for its 33million members.
``AARP disputes the charges and we'll oppose them vigorously,'' Bobrow said. ``There are just no grounds.''
Gabriel sued the AARP on Feb. 16 in the Superior Court of the District of Columbia after he was replaced by a woman in her 40s and was denied another managerial position, according to his complaint. The case, in which he is seeking $2 million, was transferred March 11 to U.S. District Court.
Gabriel also accuses the AARP of race discrimination - something AARP also disputes - because his replacement was white and he is the only black manager left at his level.
The AARP, which has 1,700 employees nationwide and 1,200 at its Washington headquarters, has faced at least one other age-discrimination lawsuit, although that suit was dropped May 15 with both sides paying their own costs. In that case, a 47-year-old in AARP's criminal justice services program from 1992 through mid-1995 accused the AARP of eliminating his job and refusing him other employment 20 times in favor of younger workers. Both the 47-year-old's and Gabriel's lawsuits fail to cite blatant examples of discrimination - such as comments from supervisors or co-workers regarding the workers' ages.
Gabriel's attorney, Bryan Chapman, acknowledges his client has only circumstantial evidence - but he contends that's usually the case.
``When you study what's happened to Mr. Gabriel, it's as if the AARP has violated the very instructions against age discrimination that they apply to others,'' Chapman said. ``He finds himself suddenly isolated from the privileges and duties of his job. He's cut off. It's a subtle way of getting rid of him. They want him to get bad reviews or retire.''
In its 1994 publication, ``Age Discrimination On The Job,'' the AARP counsels older Americans about signs they are being forced out.
Aside from an actual change of position, ``there are also more subtle forms of demotions such as a reduction in responsibilities,'' the booklet says. ``For example, an account executive in an advertising firm might find he is being gradually eased out of larger accounts.'' Or, ``A sales manager may discover that his territory is slowly diminishing in size and profit potential.''
``And finally, an employer starts to bring in younger employees to take over certain aspects of older employees' jobs.''
Gabriel complains he also has been denied training opportunities - another sign of discrimination, according to the AARP booklet.
AARP spokesman Bobrow suggested Gabriel should have complained directly to his division director.
``The division director is somebody he would have some rapport with,'' Bobrow said. ``It just so happens he's a black male about the same age, so he might have been the most appropriate person to deal with this.''
A settlement conference is scheduled for June, and both sides have stated hopes of resolving the issue out of court. Until then, Gabriel works on whatever projects come his way.
In April, he put together the AARP's annual longevity awards program. Now, he's organizing a June 20 event to salute workers for ``sustained excellence.''
``I don't think I'll be getting one of those,'' he said.
LENGTH: Medium: 87 lines ILLUSTRATION: PHOTO: headshot of Gabriel colorby CNB