Age Discrimination Argument Paper

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 fact that Anita said that the plaintiff will probably get job with the fact that the plaintiff had performance evaluation than the younger woman awarded the promotion led the plaintiff to expend emotional and financial recourses pursuing this ADEA claim in federal court. (Twomey, 2010, pg. 525)However, when analyzed by the court under a “direct evidence of discrimination “theory and under the McDonnell Douglas model, she had no case. (Twomey, 2010, pg. 525)

Employers in today’s job force should take heed and make all possible efforts to avoid any type of discrimination in their company, not just age discrimination. Risk management teams should be put in place in the human resource departments and should work closely with the executive managers to create an environment that does not promote or tolerate discrimination of any kind. This would not only improve the culture of the company but would reduce the unnecessary risk of discrimination lawsuits. In conclusion, not only is discrimination degrading and hurtful, but for an organization it is illegal, costly, and disrespectful. The Supreme Court recognized the discrimination and that it was inexcusable no matter the “after-acquired evidence” against the plaintiff and ruled in accordance of this in the McKennon vs Nashville Banner Publishing Co

The lawsuit is question was in regards to three different complains. Alexander stated that how he was terminated breached the employment contract with Young, the termination went against some retirement benefits implied by the employment contract with Young, and was considered age discrimination under Mass. Gen. L. ch. 151B, sec. 1.

Yes, David will prevail in his age discrimination lawsuit against ABC because the behavior of the supervisor violated the Age Discrimination in Employment Act (ADEA) enforced by the U.S. Equal Employment Opportunity Commission (EEOC).

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

Another barrier is economics. The perception of age discrimination as an economic issue is very prevalent. “Freedom from discrimination due to race and gender is considered a civil right guaranteed for all individuals, with violation of this right typically being denounced and prompting remedial action.” (Thomas K., 2007) Yet the case for age discrimination is not the same. People like to think this is because of the idea that performance declines with age which is true but not for everyone and not for every type of job.

Historically, the United States in 1938 enforced a Fair Labor Standard Acts that prohibits employers to pay women less doing the same job in the same organization with male counterparts. In 1963, the law was amended to Equal Pay Act. It addresses pay rate inequality by some employers. Due to age discrimination, the 1967 Age discrimination Act addresses discrimination against those 40 or older. Fascinating fact that the ADEA, 1986 amended prevents upper age limit and banned early retirement (Carden, 2014, p. 58). Also, OWBPA Act of 1990, allow older workers benefit financially to retire (Carden, 2014, p. 50). Another historic law governing discrimination is the American with Disability Act (ADA) created in 1990. It was interesting such law applies

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.

Employees over the age of 40 are protected under law from discrimination under the Age Discrimination and Employment Act of 967 (ADEA). However, that does not change the beliefs of some organizations that employees over the age of 40 are not as beneficial or productive as those younger than the age of 40.

The Age Discrimination in Employment Act (ADEA) of 1967 was created to “promote employment of older persons based on their ability rather than age; to prohibit arbitrary age discrimination in employment; and to help employers and workers find ways of meeting problems arising from the impact of age on employment” (as cited in Rothenberg & Gardner, 2011, p. 10). The act was intended to help the older workforce stay employed and prevent employers from discriminating against employee because of his/ her age. Also, a study showed that “between the years of 2000 and 2010, the number of employees over the age of fifty-five increased by over 11 million and the number of age discrimination cases reported to the Equal Opportunity Commission (EEOC) also increased by over 8,000 during those same years” (Tauro, 2014, p. 256). Therefore, these statics prove that

In today’s economy and workforce, ageism is a factor that we see appear way too often. Ageism reverses it’s roles (discrimination for being too old and discrimination for being too young) and changes its job essentials when need be. The effects of Ageism do not “discriminate”. This particular discussion has an experienced meaning to me since I have encountered ageism in previous employment. However, before sharing my experience I would like to express my position on the posted statement. “Older workers take employment from the young”. I spoke with a few friends on this issue and their responses seemed bias for the fact that we are all young (19-21), yet each of us obtain jobs that Older adults normally obtain. My friends and I discovered that

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.

“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

Yet, the elderly are not the only ones who experience age discrimination. Ageism happens to children, teenagers, and middle-aged adults. Age discrimination appears to be prevalent in all countries. In Japan it 's reported as early as thirty years old. Recruiting agencies there discriminate against workers at a young age. In the United States the magic number seems to be around fifty. Ageism is normal for our society today, it is common place practice. It is the one bias that is not talked about or advocated against.