Age Discrimination in the Workplace Essay 2

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Age Discrimination in the Workplace
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 seems to be more of a common issue in the workplace than racism or sexism. Approximately 20% of all complaints filed with the Federal …show more content…

The same login applies to promotions and transfers. An employer may want to shed itself of its older workers to cut costs (Age discrimination in the workplace, 1999). The Civil Rights Act does not make age discrimination illegal, but Congress has since enacted another law, the Age Discrimination Employment Act of 1967 (ADEA).
The ADEA is administered by the EEOC, and similar in most respects to the Civil Rights Act. Both disparate treatment and disparate impact charges are possible. The Act protects workers 40 years of age and older. A 45-year-old who applies for a job and is rejected in favor of a younger worker can claim disparate treatment. The employer will then have to show that the younger worker was better qualified or provide some nondiscriminatory reason for its decision. An employer could argue that it paid a newly hired younger worker more than an older current employee because this was necessary to attract the younger worker to the job. In disparate impact cases, employees must show that the entire protected group (workers 40 and older) is affected by the employer’s practice and not just some part of the protected group (workers over 60, for example) (Player, 14).
The law does allow age to be considered a bona fide occupational qualification (BFOQ) more easily than it does sex, but still this defense is relatively narrow. An employer has to show that

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