Age Discrimination Controversy

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 Supreme Court case to be closely followed and reviewed for class this semester is Madigan v. Levin. This is a case of the U.S. District Court for the Northern District of Illinois. Lisa Madigan is the petitioner, with Harvey N. Levin being the respondent. On Monday, March 18, 2013, the case was granted and on Monday, October 7, 2013, it was argued. (OYEZ, Inc., 2013)

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).

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

It is apparent that age discrimination is prevalent in today’s society within health care. This section will further explore ageism and provide ways to overcome it. According to Potter and Perry (2014) ageism is defined as “discrimination against people because of increasing age” (p. 376). Ageism has the ability to undermine self-confidence in older adults, limit their access to care, and even distort health care providers’ understanding of the uniqueness of each older adult. The Canadian Special Senate Committee on Aging has concluded that ageism in Canada is delicate and pervasive and immediate action is required (Potter & Perry, 2014). Ageism can result in over- treatment or under-treatment. For example, over-treatment can include “overuse

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.

Considering the case is being filed due to police officers and public safety dispatchers over the age of 40 filed suit pursuant to the Age Discrimination in Employment Act (ADEA) and are complaining of the “disparate impact” of the award. I feel they have a case considering the age discrimination definition by the ADEA and FCRA. The City of Tampa would be held responcibile for the prima facie evidence because employment records would state the employees age and the start date of employment along with promotions and raise.

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 has some special aspects that make it different from other types of employment discrimination. I will also discuss a few. Included will be several court decisions on cases

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.

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 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

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

Many people recognize that as they get older and reach a certain age, others begin to treat them differently. In our youth drive society, ageism is the underlying cause of so many quality of life issues that older adults are facing. Whether the issue is hiring younger employees, restricted community based housing, forced retirement, and or stereo typing, if we dig deeper enough age discrimination is present. There are, of course above and beyond adverse cost to age discrimination beyond the psychological and social stigma. This paper will review literatures on age discrimination practices in society institutions and laws such as the Age Discrimination in Employment Act of 1967 (ADEA) including other similar federal anti-aging discrimination