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Age Discrimination Essay
1. age discrimination Essay
Age Discrimination
The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination
based on age. The ADEA's protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person
because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation,
benefits, job assignments, and training.
It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age
discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation...show more content...
Đ· PreâEmployment Inquiries
The ADEA does not specifically prohibit an employer from asking an applicant's age or date of birth. However, because such inquiries may deter
older workers from applying for employment or may otherwise indicate possible intent to discriminate based on age, requests for age information will
be closely scrutinized to make sure that the inquiry was made for a lawful purpose, rather than for a purpose prohibited by the ADEA.
Đ· Benefits
The Older Workers Benefit Protection Act of 1990 (OWBPA) amended the ADEA to specifically prohibit employers from denying benefits to older
employees. Congress recognized that the cost of providing certain benefits to older workers is greater than the cost of providing those same benefits
to younger workers, and that those greater costs would create a disincentive to hire older workers. Therefore, in limited circumstances, an employer
may be permitted to reduce benefits based on age, as long as the cost of providing the reduced benefits to older workers is the same as the cost of
providing benefits to younger workers.
Đ· Waivers of ADEA Rights
An employer may ask an employee to waive his/her rights or claims under the ADEA either in the
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3. The age discrimination act was signed by President Lyndon B. Johnson in 1967. The purpose of this act is to promote the employment of older
persons based on their ability to perform the work required rather than their age. The original legislation of the act protected people from ages 40 to
65. In 1978, congress decided to pass an amendment that raised the age ceiling to 70 from 65 and then on January 1st, 1987 the age cap was lifted
completely. (Thomas K. 2007) The organizations that're exempt from this law have what is referred to as a Bona Fide Occupation Qualification. This
is used to justify age discrimination in job fields that require and have good reasoning to only hire a certain age group. Some examples of job fields that
have...show more content...
(EEOC, 2006) Another barrier is economics. The perception of age discrimination as an economic issue is very prevalent. "Freedom from
discrimination due to race and gender is considered a civil right guaranteed for all individuals, with violation of this right typically being
denounced and prompting remedial action." (Thomas K., 2007) Yet the case for age discrimination is not the same. People like to think this is
because of the idea that performance declines with age which is true but not for everyone and not for every type of job. My opinion on this major
issue with the age discrimination act not being enforced properly is agreeable. The evidence is there and it speaks for itself. The fact that only 10
percent of claims even make it to court is insane. I don't understand how you can have a law like this in place and rarely enforce it. This simply
means that organizations won't abide by it and this is a major problem. The next issue I'd like to talk about is the positive and negative perception of
older workers. Executives and managers have both positive and negative outlooks on older employees depending mostly on the job being performed.
Studies done by AARP said that elderly workers (those age 50 and older), and were valued for their experience, knowledge, work habits, attitudes,
commitment to quality, loyalty, punctuality, ability to keep cool in crisis, and respect to authority. (AARP 1989) They are valued
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4. Age Discrimination Papers
Ageism is stereotyping and discriminating against individuals or groups on the basis of their age. Age discrimination is a form of (unfair
treatment based on skin color, age, etc.) that can,eventually, affect anyone. It is guessed (number) that by the year 2025, one in five Americans will
be 65 years old or older (Butler, 2007, p. 4). The Pew Research Center guesses (of a number) that the old population the United States will double
between 2005 and 2025 (Large group & Cohn, 2008). As a result, an older (all the workers in a company or country), older caregivers, older medical
patients, and older community members will be ordinary, and an increase in age discrimination may happen. Different forms of age discrimination are
discussed here with...show more content...
Social change can create a (difference between older and younger people) that adds/gives to ageism. Fast social change can cause your values to be
somewhat different from your parent's values and very different from your grandparents. Age discrimination is a destructive force for both
(community of people/all good people in the world) and the individual, if (old/allowing to get old/getting older) is a social problem; it is mostly one
that the (community of people/all good people in the world) itself has
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5. The Importance Of Age Discrimination
Nobody will stay young forever. We all getting older whereupon our energy level diminishes. What remains is our wisdom and experience that we
can forward to the next generation. Some employers value dynamic and flexibility and others value wisdom and experience. Working for an
employer for over 30 years while providing excellent job performance and loyalty in any aspect, it is not right to get laid off all the sudden, only
because a younger employee is replacing you. That is a terrible and awful notion. People feel exploited and now useless just like a product that you
don't need anymore. Where is the appreciation and thankfulness for all the work delivered in the last 30 years? All forgotten? I strongly believe it
is never appropriate to discriminate based on age! We are all humans and we should all practice humanity. Everybody deserves to be treated with
respect and dignity. It is just unfair, injustice and unreasonable to drop an employee like a hot potato after 30 years of loyalty and good job
performance. Getting older and weaker is a natural inevitable process that is nobody fault. It affects all of us and we should act accordingly, therefore.
Treating somebody unfair because of his age can backlash to ourselves in the future. Age matters all of us.
Give examples of two situations in which you believe age discrimination is acceptable and provide an explanation of your reasoning.
Example 1 Under the bona fide occupational qualification (BFOQ) someone can be
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6. Age Discrimination : A Global Impact
Age Discrimination: A Global Impact
The American population is rapidly aging and more workers are putting off retirement.
Some workers don't feel that they are ready to scale back and some workers are unable to because of poor financial planning. Whatever the reason,
older workers make up a significant portion of the workforce. Because of this, the rate of age discrimination claims has risen dramatically. This paper
will seek to examine a recent age discrimination case, assess the outcome, determine the stakeholder impact, and provide recommendations for
improvement.
Further, this case will be viewed through a global lens to determine how international diversity regulations should be considered.
Company Background
Stack Brothers Mechanical Contractors, Inc. (Stack Brothers) is a private commercial plumbing and heating operation based in Superior, Wisconsin
("About Us", 2016). Stack
Brothers installs, repairs, and maintains heating, ventilation, and air conditioning systems, as well as handles plumbing contracts for large projects at
local universities, shopping centers, and housing developments ("About Us", 2016). Stack brothers maintains between 50 and 100 service employees
and sees annual sales between $5 million and $10 million ("Stack Brothers
Mechanical Contractors Inc", 2016).
Case Summary
According to the U. S. Equal Employment Opportunity Commission (EEOC) (2015),
Stack Brothers discriminated against two longâterm employees based upon age. The owner told
employee
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7. Age discrimination
Age Discrimination in a Promotion
Jennifer Akers
BUSI 643âD01
Workforce Planning & Employment
Liberty University
March 23, 2014 Gus Tavus is a 52âyear old who had applied for a new position at Best Protection Insurance Company (BPIC). Gus position as a
regional center manager was being eliminated at the BPIC. Therefore, he applied for the new position of corporate claims specialist position (CCS).
Gus Tavus and the other candidates that were over the age of 40 were not consider for the new positions, therefore, showing that these candidates were
being age discriminated against (Heneman, Judge, KammeyerâMuller, 2012). BPIC did not follow protocol on the listing the new position,
interviewing or selecting the employees for...show more content...
After, the candidates were offered the positions the SVPCC and the MCC did review the personnel files and the appraisals to make sure there was
not discrepancy. Unfortunately, Gus Tavus and the other candidates were not the best candidates for the position. Gus lacks the technical and
communication skills that BPIC need to grow into the future. Gus and the other candidates were not discriminated because of their age. Thus, their
age was never consider or evaluated during the entire process. If they did meet the requirements their age could have been an added value because of
their experience. The CCS position is an established position within the BPIC Company. Therefore, BPIC did not write a new job description and
qualification, since the positions was already created. The company is not creating a new job, new job description and new job qualifications. They are
just increasing the amount of CCS that they already have, therefore, a new job description is not needed. Thus, the reason that the position was not
posted, job duties described and qualifications (Heneman, Judge, KammeyerâMuller, 2012). BPIC is an equal employment opportunity employer and
they do not discriminate against race, sex, or any other characteristics. The company has not been accused of discrimination until now when not all the
candidates did not receive the promotion to the CCS position. Gus Tavus and other candidates that were not chosen could not give examples
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8. Age Discrimination in Employment Essays
There has always been some "ism" that social movements have fought against throughout America's history, and the issue of "ageism" was finally
addressed in The Age Discrimination in Employment Act. Ageism can be defined as prejudiced beliefs, attitudes, and behaviors pertaining to older
adults. To understand the ADEA fully, a brief history of agediscrimination is useful to comprehend the Structural Level of this bill. Discrimination
based on age was not a large issue until the beginning of the 20th century, mainly because it was a tacit form of discrimination. For the most part,
people worked until they were at an age where they did not feel useful, and for the rest of their lives their families would take care of them.
Industrialization...show more content...
The GDP was more than doubled between 1940 and 1960, and many brand new jobs were generated in both industrial type jobs and the growing
service sector. Due to all the development and modernization, a much more efficient and educated workforce was required, which began to
exclude less educated older workers from employment. After World War II, the workplace was changed forever because of the new technology
which exterminated many jobs, and employees were expected to know more than ever and work very quickly. When the "baby boom" generation
was in its youth, the workplace again was changed by the glut of young workers. Those who were old or even middle age started to meet more
pressure to leave the workforce entirely, and retire. It was also common for the elderly to be forced out entirely. Older workers who were women
or part of minority groups faced particularly daunting odds because they had not one barrier but two in the way of being employed. Technology
again played a large role in keeping older workers out of the workplace because many of the younger workers had taken computer classes and had
experience with it. All of these factors led to the reaction of the public and government, which took action to even the playing field for all Americans.
The types of discrimination that went on before the ADEA resulted in many law suits against corporations. Discrimination is judged by either direct or
indirect Evidence under the law. However,
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9. Essay On Age Discrimination
Workplace Discrimination:
It is illegal to discriminate based on race, religion, gender, or national original when hiring or in the workplace. Equal Employment Opportunity (EEO)
practice is important in every work places.
Different Types of Employment Discrimination
Age
Gender
Race
Ethnicity
Skin Color
National Origin
Mental or Physical Disability
Genetic Information
Relationship to someone who may be discriminated against
Pregnancy or Parenthood
Age discrimination is a practice specifically protected by law. With a few rare exceptions, companies are forbidden from specifying an age preference
in job advertisements. Employees must receive the same benefits regardless of age, the only exception being when the cost of...show more content...
Make the manual as comprehensive as possible, follows all state and federal discrimination laws, and work with the attorney once a quarter to make
any appropriate changes.
2.Punish Employees who are involve in discrimination issues then other employees will be careful.
3. Review the manual with the management staff, and explain the company policies regarding discrimination to all managers. Encourage managers to
ask any questions, and have all managers sign a form saying they took the discrimination training and they understood it.
4. Require all employees to review the discrimination policies and procedures manual, and attend a mandatory quarterly training on discrimination in
the workplace. Have every employee sign a form stating that they took the discrimination training and understand it.
5. Encourage cooperation and equality in the workplace by creating diverse work groups and departments throughout the company.
6. Set up a way that employees can report discrimination to a human resources professional. It is helpful to have a human resources professional that is
experienced in handling discrimination complaints, as they require a level of candidness that other human resources issues do not require.
10. 7. Alert managers of the employees mentioned in discrimination complaints that their employee will have to answer the
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11. Essay On Age Discrimination
Age has been a discrimination issue for a while and has affected many because of certain rules and laws those of age have to follow. Age
discrimination is something not many look at because some assume it is not a big deal, it may seem as age equality has been both accepted by the
community that it is known universally because it is in our modernâday culture, but as well as facing critical issues such as elderly abuse or aged care.
I will be looking into section 15(1) of the Charter, under the equality rights it is known as, "Every individual is equal before and under the law and has
the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or
ethnic origin, color, religion, sex, age or mental or physical disability." Mainly focusing on the discrimination of age and will be discussing two cases
that I have chosen, which are Lavoie v. Canada [2002] 1 S.C.R. 769 and Withler v. Canada (Attorney General), 2011 SCC 12. I will be elaborating
on about cases that are particularly about the discrimination of age, that I have chosen. The first case I will discuss is the case of, Lavoie v. Canada
[2002] 1 S.C.R. 769. To summarize the case, it is about reducing welfare benefits for individuals under the age of thirty and not participating in training
or work experience employment programs. During the trial, the appellant who is a welfare recipient challenged the 1984 social assistance,
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12. The Pros And Cons Of Age Discrimination
To critically and comprehensively address this case, it is convincingly important to assess the laws that forbids age discrimination and wrongful
termination in workplace. Under the law, age discrimination can involve treating an employee or applicant less favorably because of her or his age. In
accordance to the "Age Discrimination in Employment Act, it is unlawful to discriminate an employee on basis their age. The law is categorically
clear that an employer not discriminate individuals who are 40 years old and above (Walsh, 2013). It should be noted that the Act provide for
protection for the people/workers below 40 years. However, some states in the United States have laws in place that protect young employees against
age discrimination. It is unlawful or illegal for employers or any other entity to consider hiring/favoring an older worker over the younger one. This
withstands even if both employees are 40 and above. The law strongly prohibits age discrimination in any aspect of employment including firing, hiring,
pay, promotions, job assignments, trainings, layoffs, benefits, and any other condition or term of employment.
The law also strongly (and word strongly should be emphasized here) prohibits against harassment of a worker basing on her or his age. Harassment
can range from derogatory or offensive remarks about an individual age to promotion denial. Nevertheless, the law does not prohibit offhand comments,
simple teasing, isolated incidents that are not serious.
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13. In our modern society today, companies have a tendency to employ younger individuals because they are fast, young, operative and more efficient
which is less obligation or less legal responsibility to the companies that employed them. Companies have used the age discrimination for so long to
authenticate their financial needs. This discrimination can be observed not only in the corporate world but also in the public and private sector and by
Unions. Congress was obliged to protect individuals affected and prevent a raise of unemployment for those that are 40 years and older from
discrimination. Consequently, in 1967 the Age Discrimination in Employment Act (ADEA) was enacted.
In legal terms, this law prohibits discrimination in employment on the basis of age; it applies to individuals who are at least 40 years of age.
Individuals who are not yet 40 years old are not protected by the act and may be discriminated against on the basis of their age (BennettâAlexander,
Dawn D. & Hartman, Laura P., 2014. Employment Law for Business; 8th ed). There are many types of discrimination in the workplace and age
discrimination has been one of many that we all encounter in this modern society. Retirement is no longer an option to older workers. The rate of
unemployed elderly workers, 40 years of age and older is high compared to the employment rate of those workers. The Age Discrimination in
Employment Act is enforced by the Equal Employment Opportunity Commission (EEOC) together with the Title VII. Although both have numerous
resemblances, they both also have different factors based on discrimination. For instance, an individual cannot be protected under Title VII for reverse
discrimination meaning that the claim cannot be about a discrimination in contradiction of his or her youth (BennettâAlexander, Hartman, 2014).
Furthermore, the Age Discrimination in Employment Act applies to employers with 20 or more older workers located in the United States. This law
applies to any older government and state worker, employment agencies as well as federal worker, anyone employed more than 20 hours in a year and
helps the older workers find employment. Furthermore, if any older worker feels discriminated against, they must file a
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14. Ageism And Discrimination
In today's economy and workforce, ageism is a factor that we see appear way too often. Ageism reverses it's roles (discrimination for being too old
and discrimination for being too young) and changes its job essentials when need be. The effects of Ageism do not "discriminate". This particular
discussion has an experienced meaning to me since I have encountered ageism in previous employment. However, before sharing my experience I
would like to express my position on the posted statement. "Older workers take employment from the young". I spoke with a few friends on this issue
and their responses seemed bias for the fact that we are all young (19â21), yet each of us obtain jobs that Older adults normally obtain. My friends and
I discovered that
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16. Age Discrimination Case Summary
The very first policy that Palm Beach County should adopt to reduce age discrimination suits in the future is The Age Discrimination in Employment
Act which according to Bernardin & Russell (2013), "was designed to prohibit age discrimination employment decision (e.g. hiring, job retention, etc)".
A wellâprepared HR manager should advise the County about the decision they were about to make in the hiring process to choose Mr. Merriman
over Mr. Zimpfer. This case could be avoided if there were the right personnel in the HR department. Not only the cost implies in the case, but the
reputation of the County was impacted.
The Bonafide Occupational Qualification can protect employer on being suit for age discrimination. "... The Act includes a provision
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17. Essay On Age Discrimination
Introduction: In this unit, I will consider the topic of age discrimination and determine what is actually appropriate and acceptable. With two examples
in my essay I want to demonstrate in which situations, that I believe, discrimination would not be accepted nor tolerated and two situations where age
discrimination is justifiable. Furthermore, I will provide an explanation of my reasoning. Additionally, I will answer if older people should be entitled
to discrimination in the workplace and how might a law protect them. We all went probably through an orientation day when we started a new
employment. It is very crucial that the employer explains you about their ethical rules and policies that you have to obey strictly. After reading...show
more content...
Furthermore, mandatory retirement was declared unlawful; exceptions are made to high ranking managers and high policyâmaking positions who are
over the age of 65 and entitled to a pension as of January 1994. According to Lau and Johnson (2011), the ADEA of 1967 does not protect younger
people under 40 years of age and it is only applicable for employers that have 20 workers and up including law and accounting firms. The Age
Discrimination in Employment Act of 1967 made an amendment to restore a better public safety, such as allowing fire departments and police officers
unlimited hiring capacity and mandatory retirement ages. Additionally, it protects new job applicants disclosing their age. Employers who dare to ask
will make us thoughtful of his ulterior motive for such a question. Delicts involving age discrimination can be reported to government agencies that
enforce antiâdiscrimination laws such as the United States Equal Employment Opportunity Commission (EEOC) and the United States Department of
Labor that has two different agencies "which deals with the Equal Employment Opportunity (EEO) monitoring and enforcement, the Civil Rights
Center and the Office of Federal Contract Compliance Programs" (dol.gov. n.d.). Especially the EEOC can impose hefty penalties on companies
discriminating their employees. Cases involving severe reckless discrimination can be
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18. Age Discrimination in the Workplace Essay 2
Age Discrimination in the Workplace
Age discrimination in employment is a complex issue which impacts many areas of Government policy and has many implications for individuals
themselves. Age discrimination can occur across all spectrums of employment and can affect both young and old. Age discrimination can affect a
person's chances of getting a job, and potentially their chances of promotion or development within the workplace. Age can also be a factor when
employers are deciding who should be selected during a workforce downsize or redundancy of work due to a mergers and acquisitions. Age seems to
be more of a common issue in the workplace than racism or sexism. Approximately 20% of all complaints filed with the Federal...show more content...
The same login applies to promotions and transfers. An employer may want to shed itself of its older workers to cut costs (Age discrimination in the
workplace, 1999). The Civil Rights Act does not make age discrimination illegal, but Congress has since enacted another law, the Age Discrimination
Employment Act of 1967 (ADEA).
The ADEA is administered by the EEOC, and similar in most respects to the Civil Rights Act. Both disparate treatment and disparate impact charges
are possible. The Act protects workers 40 years of age and older. A 45
âyearâold who applies for a job and is rejected in favor of a younger worker can
claim disparate treatment. The employer will then have to show that the younger worker was better qualified or provide some nondiscriminatory
reason for its decision. An employer could argue that it paid a newly hired younger worker more than an older current employee because this was
necessary to attract the younger worker to the job. In disparate impact cases, employees must show that the entire protected group (workers 40 and
older) is affected by the employer's practice and not just some part of the protected group (workers over 60, for example) (Player, 14).
The law does allow age to be considered a bona fide occupational qualification (BFOQ) more easily than it does sex, but still this defense is relatively
narrow. An employer has to show that
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19. First, Age discrimination is a very common reason why some people are not employed. However, there are laws in place that prohibits this kind of
discrimination. Miller gave an explanation on the about age discrimination act (ADEA) of 1967, it prohibits employment discrimination on the
basis of age against individuals forty years of age or older (Miller,2013). Cardware advertisement specifically outlined what they were looking for.
They did not have an age or anything to do with physical aspect. In this case the hiring process did not use the genuine Bona fide Occupational job
qualification requirements. According to (Miller,2013) bona fide occupational qualification is the criteria employers used to make decisions to
hire someone based on age, race, origin or sex. This technique should be necessary if it relates to a specific type of job or duty (2013). Cardware
advertisement states, "WANTED: Salesperson experienced in retail sales or marketing preferred, energetic, youthful, athletic, and able to "sport" the
clothing lines of The Sporty One with style. The Sporty One is a division of CARDWARE Inc. and proud to be an Equal Opportunity Employer".
Petunia is going based on feelings, and thinking she was not hired because of her age. This was hardly the situation because both applicants were
equally qualified. Petunia has five years' retail experience while, Noah did not have the retail experience but he graduated in marketing and is also a
little more fit because he played
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20. Summary Of Age Discrimination
The world has come to a place where society thinks that any type of age will always have one type of "weakness" that will make them incapable to do
a certain activity. The article called Age Discrimination by Gale Encyclopedia discusses how older people have it the hard way because they do
not have an opportunity to keep their job . "Not only is it harder for an older worker to keep a job, it becomes harder for an older worker to find a
job....." (Encyclopedia, p.g 2) This certain situation discourages further people to look for other jobs, if they got fired because they start to lose hope.
Not only is it harder for elderly people to find a job, but it gets difficult for a non experienced worker to adapt into their new environment. Younger
workers
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