Age Bias On The Older Generation

An employee bringing a suit must meet the McDonnell-Douglas Test. which came from the McDonnell Douglas Corp. v. Green case and in this case Keene met the requirements. First, an employee must belong to a protected class, in this case Keene was older than 40 years. Second, she also met the qualifications of job. Third, the employee must be rejected or suffer from another adverse job action. Keene was terminated from her job. Last, but not the least, the employer seeks another person with similar qualifications or treats the employee differently. The 61 year old employee was replaced with a 24 year old employee. Also, under the Age Discrimination of Employment Act, Dillard’s has over 40 employees and it cannot fire an employee based on age. While the plaintiff established prima facie, the defendant failed to provide a successful defense or preponderance of evidence (Meiners, Ringleb, & Edwards, 2014, p. 444). It is illegal to make employment decisions based on age.

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.

ADEA allows the EEOC and private individual to file suits alleging age discrimination in any regards to employment. Individuals who intend to file a claim alleging violation of the ADEA must file a written complaint with the state or local EEO agency. The individual is allowed to proceed with filling a claim with the EEOC in conjunction with the complaint filed with the state or local EEOC. If the EEOC decides to file a suit that has already been filed by an individual, the suit filed by the EEOC supersedes the original suit from the private individual. There is a time limit on filing complaints, the individual must file the claim within 180 days of when the alleged violation occurred. The individual filling the claim must wait 60 days after they filed with the EEOC and local

• The Plaintiff made no formal complaint of age discrimination immediately after hearing this comment, (Twomey, 2010, pg 527) The Plaintiff contends that she has direct evidence of the discrimination in the comment made by Anita Benko that she would “probably get a job after plaintiff revealed to Benko her age ( Twomey, 2010, pg 528). The discrimination was blatant in this case. The Age Discrimination in Employment Act prohibits discrimination against an individual over age of 40 with respect to “compensation terms, conditions, or privileges of employment, because of an individuals age.( Twomey, 2010, pg 528)

| The Equality Act 2010 brought together existing regulations that already gave protection against ageism and other forms of discrimination, and extended them.  Since October 2010 this has been the main law relating to age discrimination, protecting you against ageism in employment, education and training.The law maintains your right not to be disadvantaged or treated badly at work because of your age.

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).

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

It is somewhat surprising that employers continue to violate employment laws dealing with discrimination. One case, Catterson v. Marymount Manhattan College, litigated and settled in 2013, was especially egregious. According to the EEOC (2013), the college had refused,

Company B will have to be careful in the selection of layoffs to avoid violation of the Age Discrimination Employment Act (ADEA). Because the average age of employees of company A is 57.

It is important to understand that patients have been experiencing aging bias for a very long time. It is also evident in the medical profession as well, and one needs to do more to ensure that everyone is treated fairly especially the elderly patients. The elderly patients need to treat with the utmost respect and dignity. One needs to understand that the elderly are the ones who pave the way for the younger generation. Therefore, it is important that one takes the time out of their busy assignments to listen to what the older patients have to say and respond to them in an appropriate manner. This paper will discuss how aging has impact one nursing practice, aging bias that one has witnessed during their nursing practice, and a community plan to discuss aging bias.

In the case of Amy’s Appliances we know that the company doesn’t hire anyone under the age of 30 as a sales associate. Although, any applicant under the age of 30 who applies to the company and gets denied because of their age it is not a violation of ADEA because they are not protected. ADEA only protects applicants and employees who are 40 years old or older. However, the company will have to justify their actions of not hiring anyone under the age of 30. Therefore, this can still be a form of lawfully discrimination against one based on their age. However, the company may have violated the rights of potential applicants based on age, and this is a form of discrimination which is protected by The Age Discrimination in Employment Act,

In my research, I have found several issues with the ADEA and ERISA laws. One problem with each of the laws, they gives employers loopholes to knowingly violate the law. On a website called FindLaw, they list exceptions to ADEA: “occupational qualification, seniority system, reasonable factors other than age, and executive or high policymaker”. (Thomson Reuters, 2015) The occupational qualification is the belief that an age limitation is needed in order for the worker to properly perform the job. The ADEA allows for “reasonable factors other than age like employees’ experience, education, or skills to justify different treatment”. (Thomson Reuters, 2015) This exception can be abused by employer looking for a way to justify their unfair

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.

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.

The Americans with Disabilities Act, protects individuals on the basis of mental or physical disabilities. The Age Discrimination in Employment protects individuals 40 years of age and older.