Age Discrimination In Employment Act Of 1967

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.

The Equal Employment Opportunity Commission (EEOC) protects against age discrimination under Title VII. Specifically, the Age Discrimination in Employment Act (ADEA), which was passed in 1967 by congress, covers discrimination against employees who are 40 or more years old. This topic should be a big concern for employers, since the number of elderly workers is increasing as the baby boomer population matures. It is estimated that as many as twenty-percent of the claims filed with the EEOC are for age discrimination. Also, age discrimination settlements can be considerably higher than typical discrimination cases. Upon research, the average award amount between 1955 and 1988 was $219,000.

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.

The Age Discrimination in Employment Act of 1967, as altered, secures candidates and representatives 40 years old or more established from segregation in view of age in enlisting, advancement, release, pay, incidental advantages, work preparing, arrangement, referral, and different parts of business. Title I of the Americans with Disabilities Act of 1990 Title I ADA precludes managers from oppressing an accomplished candidate with an inability in the private parts of society and in urban and neighborhood

In America there are a lot of things we do that people disagree with. Some issues are not well know as others. Many people do not know how big of a problem age discrimination is. The issue has had such an impact that there is an Act protecting people from age discrimination. The Act, as subsequently amended, forbids employers to discriminate on grounds of age against any employee aged 40 or over. Some of the reasons why age discrimination needs to be brought to light even after the act is because, there are still cases of older people being harassed because of their age ,or being passed over for promotions.

The effect of age discrimination which was debatable, has now become more controversial. The substantial influence of this discrimination has sparked the controversy over the potential impact of this trend in recent years. It can be said that being bias based on age is unfair. This will elaborate both positive and negative effect of age discrimination and will thus lead to the logical conclusion.

American workforce is getting older. Fact, in between 1970 to 1991, the workforce number over the age of 40 in the U.S. has increased from 39,689,000 to 53,940,000. Because of that, the legislative and judicial developments in the age discrimination in employment have occurred (1). The baby-boomer generation - Americans born between 1946 and 1964 represents more than seventy million workers in the U.S. workplace, and that around 50 percent of the whole workforce. The whole baby-boomer generation since 2006 has falls under the protection of the federal laws against acts of discrimination based of age (ADEA) (2). In 2011 more than 40 million people in the United States are ages 65 and older. Moreover, this number will increase to 89 million and that is more than double by 2050. Age discrimination is continuing, as the workforce is growing old (3). A study by the federal Bureau of Labor Statistics shows that the older workers unemployed longer than younger (4). "Age discrimination is harmful not only to the individuals who experience it. In 2004 alone, the cost of negotiated settlements of federal age discrimination complaints totaled $69 million" . Age discrimination is possibly the most damaging of the various cases of discrimination that occur in the workplace.

With the improved healthcare, people are living far past than that of their ancestors. In addition, workers are able to stay employed longer. The median age for workers has increased pass the age of 40. As workers get older, the increased importance of the Age Discrimination in Employment Act has grown in labor and employment law. Under the ADEA, employees are protected against discrimination due to age. Another employment law is the Employee Retirement Income Security Act. This law was put in place to provide “standards for the establishment and operation of employee benefits plans” (Business & Legal Resources, 2015). Both of these laws are meant to protect the older workers. No law is perfect and with each law has is imperfections.

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.

Despite the knowledge that age stereotypes will influence everyone later in their working career, they still receive less attention than ways to prevent racial and gender discrimination (Duncan, 2001). The prevalence of age stereotyping in the workplace is evident by the fact that payouts and settlements for age-discrimination lawsuits were larger than those for race and sex discrimination cases between 1988 and 1995 (Nelson, 2004c). The average settlement was between $6.2 to 58.8 million, while the average payout was approximately $219,000 (Nelson, 2004c). Older workers can experience

The article demonstrates issues with managing age discrimination—demonstrating why laws are needed and why companies need to adapt them to their employment practices.

I understand in structuring ethics, society has a moral code in writing rules that outline the way we behave. Laws such as Fair Labor Standard Act passed in 1938 has helped to improve employees' pay. The critics argue a transparent pay creates fair pay structure where employees have the opportunity to monitor, complain and report any unfair pay dealings (Kim, 2015, 652). Such historic, ethical dilemma impacted the society. For instance, an employer that violates the law faces the consequence. The result of some employers hiring younger workers. I read from an article has created fear for some reaching forty especially without a job due to not finding employment. The good news, the Age Discrimination in Employment Act, passed in 1967 prohibits companies refusing an individual over forty a job, training, fair pay, even a promotion.

The Age Discrimination Employment Act (ADEA) was passed over 40 years ago (in 1967) prohibiting the denial of employment, forced retirement, hours of employment, compensation, or termination of individuals due to the person's age, and it was meant to encourage the employment of older individuals based on their abilities and invaluable experience. However, age discrimination and ageism still permeate American society and the workplace.”(Tate)

Concern by policymakers over these types of incidents prompted Congress to enact the Age Discrimination in Employment Act (ADEA) in 1968, which outlawed discrimination in the workplace against workers between the ages of 40 and 65. Later amendments prohibited mandatory retirement before the age of 70 in 1978 (and then outlawed mandatory retirement altogether with a few exceptions) in 1986. During 1990, 10,485 complaints of age discrimination were filed with the Equal Employment Opportunity Commission.” 1 (Johnson and Neumark, pg. 779 , 1996 )

Age discrimination is mainly toward the older (60 +) and younger (14-17) people in their early teens. Many Americans have been fired, forced into retirement, or turned down from a job due to their age. Older age employers are discriminated against in the workplace because of appearance and their ability to do the work required is believed to slow. Employers are more likely to hire a person who is much younger and more attractive than an elderly person. Also, employers want to employ people who are able to do the work required. This is another way in which older people are discriminated against even though they may be very capable to do the job. “The Age Discrimination Act of 1975 prohibits discrimination on the basis of age in programs and activities