Age Discrimination Case

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).

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,

The Age Discrimination in Employment Act (ADEA) passed in 1967. It was intended to protect the older half of the workforce from age discrimination in the workplace. Several of the major provisions of the ADEA include: protecting what a worker has earned in his/her tenure, allowing workers to oppose practices that are considered unlawful by the ADEA without consequence, and prevent employers and employment agencies from discriminating

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 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 United States workforce is aging and as health care improves the older population is living longer. Because of this older individual are staying the job market longer, an employer or human resource person should keep this in mind and possibly review the office procedures and hiring processes. Age discrimination claims will continue to increase as the workforce continues to grow older. Human resources, managers, and employers must be proactive versus reactive to have policies in place in the event of a suit happens. There is more to discrimination than what is on the surface of things. According to Walsh, in his book Employment Law for Human Resource Practice, 4th Edition, “discrimination can be further separated into four legal theories, these being: disparate treatment, adverse impact, failure to reasonably accommodate, and retaliation” (Walsh, 2013). One of the main reasons for disparate treatment is that employers must be very careful not to base their decisions about their employees on a protected class’s characteristics. So what exactly is the key issue in disparate treatment? According to Walsh, discriminatory intent is the key. Whether or not the motive was intentional the policy maker created policy that was in violation of the ADEA.

Age discrimination has long been present in society due to the rapid development happening around us. According to Farney, Aday & Breault (2006), this era of ageism is defined as "discrimination against any age group", but it often is pointed to age discrimination among adults which is slowly causing a negative effect for them in the workplace. In the workplace, adults with more experience and longer history behind them are targets of this ageism belief that companies and employers tend to have (Farney, Aday, & Breault, 2006). They are shunned and even fired in favor of accepting new and fresh faces for the company they have worked for. Unknown to most companies and employers, this notion of favoring the young and banishing the old can

* 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.

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)

“Sketchy evidence that older workers experience discrimination because of their age is easy to find. The popular press includes many stories of individual employees who have been replaced by younger workers, sometimes just before they become eligible for lucrative retirement benefits. Older workers (in the past) were forced by mandatory

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.

Age discrimination is an issue today, more than ever especially when companies seek to avoid having to pay retirement or medical benefits and do so by firing older employees who might be about to invest in their pension or who might need medical attention. Another reason is that older employees may be paid more than new hires, so companies replace older workers with new workers just for that reason. This type of change is in addition to those who are simply biased against older workers and who take any opportunity to remove older works and bring in new blood

The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating on the basis of age. An employee is