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Age Of Discrimination Case Study

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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, …show more content…

“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 …show more content…

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

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