Age discrimination in hiring has become a significant problem as the American population ages. Many baby boomers are now nearing retirement age, but, particularly in this failing economy, many want or need to continue working. However, it seems that employers may be favoring younger workers because they may perceive that they will work harder and longer hours for less pay. According to the Drum Major Injustice Index, the average American retirement age for workers born after 1960 will be 67 ﾖ meaning older employees in the workforce are only going to increase in the coming years. The Equal Employment Opportunity Commission (EEOC) has already seen a spike in the number of age discrimination claims being reported since December of 2007, when millions of jobs began being lost to a failing economy. It seems that in the coming years either employers will have to become more interested in keeping the older employee or our EEOC will continue to have its hands full with age discrimination claims.