Age Discrimination Suits And The Age Of The Workforce Essay

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).

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.

As a 71-year-old employee who had worked at Palm Beach County government, Mr. Zimpfer claimed that he was denied a promotion to the position of employment relations manager because of his age (Kowalski par, 1). As a result of the alleged age discrimination, which was the basis of the lawsuit, Zimpfer attempted to collect $120,000 in damages from the county. Actually, Bryce Zimpfer stated that the county official's decision to hire Mr. Merriman was mainly based on his age, which denied

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 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 discussion for the complete section relates to an age discrimination case where a 53 year old director continually observed administration admonishing its inability to hire young staff workers, to the point the director was relieved of her duties after she claimed administration wanted her to fire older staff but she refused and once dismissed, the director was on medical leave and told to report daily, when she failed to do so, the administrators used that action as the reason for termination (Walsh, 2013). Discrimination comes down to the legality of actions and not the fairness of public opinion. Even with the need for an employee having the burden of proof, the likelihood discrimination in this case

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

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.

There has always been some “ism” that social movements have fought against throughout America’s history, and the issue of “ageism” was finally addressed in The Age Discrimination in Employment Act. Ageism can be defined as prejudiced beliefs, attitudes, and behaviors pertaining to older adults. To understand the ADEA fully, a brief history of age discrimination is useful to comprehend the Structural Level of this bill. Discrimination based on age was not a large issue until the beginning of the 20th century, mainly because it was a tacit form of discrimination. For the most part, people worked until they were at an age where they did not feel useful, and for the rest of their lives their families would take care of them. Industrialization

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 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

Age discrimination cases had a rise in both the size of the payouts and the amount of claims accepted by employment tribunals in the past year. According to the Office of Research, there were 22,857 claims of age discrimination in 2012 which is an increase of 7,000 in the past ten years. The Department of Civil Rights also recognized there was a 77 percent rise in age discrimination claims in the past three years. This is a problem that has reached an all time high and as the employees age, issues surrounding discrimination based on age become more significant for more