Age Discrimination In Employment Act (ADEA)

According to The U.S. Equal Employment Opportunity Commission (n.d.), “The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals 40 years of age or older from employment discrimination based on their age and it applies to both job applicants and employees. With regards to condition, any term or privilege of employment, it is against the law under the ADEA to discriminate against a person because of his/her age which includes layoff promotion, compensation, hiring, firing, training, job assignments and benefits. It is also unlawful for an employer to discriminate against anyone for opposing employment practices that discriminate based on age or for filing as age discrimination charge, testifying or participating in an in an investigation proceeding or litigation under the ADEA” (para.1).

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).

Age discrimination in the workforce is a major issue in Today’s society. Although this is hardly ever mentioned, it is a concern that affects the aging population and their work performance. Those who are of old age are often not given a chance and looked down on. They are thought of as being mentally and physically in decline, less adaptable, unwilling to be trained, and costly to the organization. The elderly are considered “slow workers.” They are often forced to work extra hard to prove to their employer, they are capable of working as effective as the young. Defining someone’s work performance according to their age is against the law. The Age Discrimination in Employment Act (ADEA) addresses discrimination against the older population. This Act was passed by congress to ensure people of age 40 and older are given fair judgment in the workforce; however, the maturing population of baby boomers has led to an increasing number of elderly workers. This has cause age discrimination to rise. It is important that we review and analyze age discrimination has a political issues that must be changed. Although ADEA sets out to help the aging population, changes should be made within the employer. In order to seek change, one must first understand ADEA and how it promotes fair treatment for the elderly.

This lawsuit unfortunately, gives HR and recruiting a bad name. After reading the article I have to admit that I was both appalled, alarmed; however, I wasn’t shocked, though. Unfortunately, discrimination is too common.

The company is in direct violation of the ADEA of 1967 which states (2)“certain applicant and employees who are 40 years of age and older are protected from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment.” In this case the 68 year old employee could sue the company based on Age Discrimination and win.

The American population is aging as health care improves, the older generation is living longer and are still working or just getting into the workplace. One of the biggest issues that these older individuals face is age discrimination within the workplace. The Age Discrimination in Employment Act (ADEA) of 1967 forbids employment discrimination on the basis of age. Through a detailed explanation and history of the law, this paper will examine how ADEA affects the professionals in the workplace, human resources, managers, and employers in the workplace. It will further examine how the employee is affected by ADEA. This includes what their rights are and how they can make a complaint. Lastly, a legal case will be examined and evaluated so

The Age Discrimination in Employment Act and the Americans with Disabilities Act were established to protect the rights of American Citizens on their jobs, in schools, and by age. It is unlawful to discriminate against any person because of their age or disability. Both of the Acts prevent employers and others small companies from retaliating against individuals who complained or filed a charge of discrimination.

In this law, the employer cannot disqualify or fire individuals only because his or her age. Also, when employees have the same ability, employers cannot deprive older workers’ employment opportunities such as promotions, compensation, training and

Discrimination against older workers is one of the forbidden grounds of discrimination in the labour market across Canada. Age discrimination affects an older adult’s career, advancements, opportunities, and privileges in the labour market. Furthermore, older adults tend to be marginalized, institutionalized, and stripped of responsibility, power, and their dignity (Nelson 208). The Canadian population is aging rapidly and that changes in the population age structure have led to considerable discussion of ageism and social policies like mandatory retirement and old age security. Employers continue to have negative attitudes and stigma toward older workers (Klassen and Gillin 36). Social policy like mandatory retirement is the leading form

* The immediate supervisor told David that “Jason is going to places in this Company”.

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.

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 age discrimination 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

Age discrimination has some special aspects that make it different from other types of employment discrimination. My research will discuss this more in detail. Included will be several court decisions of great importance, the history of the Age Discrimination Statute, and other important data in regards to Age discrimination. Also there is information included on how to file a complaint with the

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.

Our group research is based on age and gender discrimination in the workplace which involved study in men and women, also level of age between 18 years old until 30 years old and 31 years old and above years old. We have conducted a survey based on questionnaires which were given to 20 respondents with ratio; 10:10 of male and female; 10:10 of level of age between 18 years old until 30 years old and 31 years old and above years old; who are currently employed. Through the research that we have done, we conclude that some of the respondents have experienced age and gender discrimination.