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Digital Natives, Millennials, and Recruiting and Retaining Young Workers
Two recent articles pose interesting questions regarding recruiting and retaining younger workers. The first, at Fortune.com, and a related Wall Street Journal blog post, consider whether an employment advertisement seeking digital natives is evidence of age discrimination. The article notes that the term digital native was coined by author Marc Prensky and refers to individuals who grew up with technology, becoming native speakers of the digital language of computers, video games and the Internet.

Fortune found, however, that employers have used the term in a way that could create legal risks.
Fortune did a simple search in Indeed.com and found dozens of listings, including from both established media giants and startups of all sizes, in which being a digital native is listed as a requirement. . . . The employment attorneys contacted by Fortune all argued that using the term leaves employers open to charges of age discrimination.
Interestingly, the article notes that the potentially problematic use of the term could arise from ignorance. For example, an ad posted by Panasonic seeking a digital native required that candidates have a minimum of 10 years professional hands-on experience, five years management experience, five years digital experience and preferably a MBA hardly the of a 20-something.
Meanwhile, a Wall Street Journal article surveyed employers efforts to retain and utilize millennial workers. The Journal found two primary responses to this challenge.
The rising number of young workers has some companies worried about keeping them on board. Other businesses are embracing flux in the talent market, and say they are focused on getting the most from young hires while they have them.
The article provides interesting ideas related to retention and management of younger workers.
From a legal perspective, whether you're seeking to recruit digital talent, or retain younger workers, undertaking your efforts thoughtfully and focusing on your real business needs can help limit your risks.
Its important to remember that your word choices matter. Terms used in advertising have long been used by plaintiffs attorneys as evidence of discrimination. Whether an employer intentionally seeks younger workers or not, advertising for recent graduates or digital natives, could be cited as evidence of age discrimination. Scrutinize your words and eliminate problematic terms. Instead, focus on the skill that is needed. The legitimate skill sought by the term digital native fluency in digital media can be expressed in a way that does not relate to one age group. Dropping problematic terms for terms specific to the legitimate skills needed will lower your risks.
Similarly, if your company has a problem retaining younger workers, its legitimate to focus on the problem. However, you should ensure that your retention efforts aren't somehow limited to benefit the young. Whether its additional benefits,  flexible work arrangements, or rules, don't explicitly or implicitly limit a benefit to a particular age group.
Finding and retaining the right talent will always be a challenge. A little planning can go a long way to preventing problems.
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The information contained in this post is provided to alert you to legal developments and should not be considered legal advice. It is not intended to and does not create an attorney-client relationship. Specific questions about how this information affects your particular situation should be addressed to one of the individuals listed. No representations or warranties are made with respect to this information, including, without limitation, as to its completeness, timeliness, or accuracy, and Lathrop GPM shall not be liable for any decision made in connection with the information. The choice of a lawyer is an important decision and should not be based solely on advertisements.

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