1. “Any more recent employment history, Jake? Eliot has been out of business for twenty-five years.” Is this a reasonable question? Explain.
I feel as though this type of question can be tricky when it comes to determining if it is a reasonable question for an employer to ask during an interview. I believe the answer to this question is merely based on the body language and the tone this question is asked in. For instance, I do not think it is harmful of the employer to ask the interviewee about their most recent experience. In today’s world it seems as though every time you go to apply for a new job they ask that you have recent experience in the field. On the other hand, if this question is asked with a sense of sarcasm behind it, then no,
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“Well, suppose he can't see too well, either. Does the law still say I have to hire him?” What is the answer to this question? Defend.
According to the United States Department of Labor website, The Age of Discrimination in Employment Act (ADEA) is defined as, “Protecting certain applicants and employees 40 years of age and older from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment. The ADEA is enforced by the Equal Employment Opportunity Commission (EEPC).” Based on the definition of this law, I would say that the law says Herman would still have to hire Jake. Herman does not know for sure if Jake has a disadvantage in his eyesight, he is merely making that assumption based upon Jakes age, and that is illegal. Jake should not be withheld from this employment opportunity because of stereotypes that come with being of older age. When interviewing applicants Herman should recite the saying in his mind, “Don’t judge a book by its
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When can an employer, during an interview with a prospective employee, discuss or take into account the applicant's age?
According to an online article provided by the website titled, “Workplace Fairness”, it states,” The ADEA makes an exception when age is essential part of a particular job – also known by the legal term “bona fide occupational qualification” or BFOQ. For example, if a company hires an actor to play the role of a 10-year old, or a teen’s clothing store needs models, the ability to appear youthful is a necessary part of the job, or a BFOQ.” (2015).
It is only if the employer can prove that the age of the prospective employee will have a direct effect on the organization and job duties, can they discuss or take into account the applicant’s age. If a scenario like the examples given from the Workplace Fairness website occur, and the employer can not provide a valid reason as to why the applicants age is being discussed and questioned, then it is more than likely that age discrimination is occurring.
4. Lessons
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 Age Discrimination in Employment Act (ADEA) prohibited employers from discriminating against individuals who were 40-65 years old. The Act pertains to employers who have 20 or more employees for 20 or more calendar weeks(either in the current or preceding calendar year); unions with 25 or more members; employment agencies; and federal, state, and local government subunits”(Mondy, Wayne 2010 pg.62,63). Gelato Cheese Company’s entire cleaning crew is under the age of 30 and that makes them not in compliance with the Age Discrimination in Employment Act law. There are some major changes that need to be made at this company in order for them to not have law suits filed against
• The Plaintiff made no formal complaint of age discrimination immediately after hearing this comment, (Twomey, 2010, pg 527) The Plaintiff contends that she has direct evidence of the discrimination in the comment made by Anita Benko that she would “probably get a job after plaintiff revealed to Benko her age ( Twomey, 2010, pg 528). The discrimination was blatant in this case. The Age Discrimination in Employment Act prohibits discrimination against an individual over age of 40 with respect to “compensation terms, conditions, or privileges of employment, because of an individuals age.( Twomey, 2010, pg 528)
As Human Resources professionals, it is key to be mindful of protected job classes, particularly age. The Age Discrimination in Employment Act of 1967 was put in place to protect workers over 40 years of age. The ADEA applies to employers with more than 20 employees and applies to all aspects of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments and training (“Facts About Age Discrimination,” Revised 2008). Since the ADEA applies to the hiring process as well as the term of employment, employers are not allowed to ask for date of birth in any pre-hire process. There are a couple of exceptions to the law. Employees may waive their right to the act as long as the ADEA guidelines are met. In certain situations, high level executives may be asked to retire at 65 and for jobs with bona fide occupational qualifications employers may discriminate based on age (“Exceptions to the ADEA,” 2007). An example of this would be a modeling agency hiring for an ad that promotes children’s clothing.
| The Equality Act 2010 brought together existing regulations that already gave protection against ageism and other forms of discrimination, and extended them. Since October 2010 this has been the main law relating to age discrimination, protecting you against ageism in employment, education and training.The law maintains your right not to be disadvantaged or treated badly at work because of your age.
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).
As Human Resources professionals, it is key to be mindful of protected job classes, particularly age. The Age Discrimination in Employment Act of 1967 was put in place to protect workers over 40 years of age. The ADEA applies to employers with more than 20 employees and applies to all aspects of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments and training (“Facts About Age Discrimination,” Revised 2008). Since the ADEA applies to the hiring process as well as the term of employment, employers are not allowed to ask for date of birth in any pre-hire process. There are a couple of exceptions to the law. Employees may waive their right to the act as long as the ADEA guidelines are met. In certain situations, high level executives may be asked to retire at 65 and for jobs with bona fide occupational qualifications employers may discriminate based on age (“Exceptions to the ADEA,” 2007). An example of this would be a modeling agency hiring for an ad that promotes children’s clothing.
Cynthia has always performed well in her job, and has received good performance appraisals. She has been denied a promotion to a more lucrative sales position because she was told she “is not attractive enough” for the position. Cynthia is likely a victim of
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 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.
Employment Equality (Age) Regulations 2006- This says it is unlawful for an employer or potential employer to discriminate against you at work because of your age. The Residential Care and Nursing Homes Regulations 2002. This protects the rights of people living in care homes.
In the case of Amy’s Appliances we know that the company doesn’t hire anyone under the age of 30 as a sales associate. Although, any applicant under the age of 30 who applies to the company and gets denied because of their age it is not a violation of ADEA because they are not protected. ADEA only protects applicants and employees who are 40 years old or older. However, the company will have to justify their actions of not hiring anyone under the age of 30. Therefore, this can still be a form of lawfully discrimination against one based on their age. However, the company may have violated the rights of potential applicants based on age, and this is a form of discrimination which is protected by The Age Discrimination in Employment Act,
The law also strongly (and word strongly should be emphasized here) prohibits against harassment of a worker basing on her or his age. Harassment can range from derogatory or offensive remarks about an individual age to promotion denial. Nevertheless, the law does not prohibit offhand comments, simple teasing, isolated incidents that are not serious.
The Americans with Disabilities Act, protects individuals on the basis of mental or physical disabilities. The Age Discrimination in Employment protects individuals 40 years of age and older.
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