Business Law : A Branch Of Civil Law

I agree with the ruling. Once older people are out of work, they are unemployed for at least one year on average and if they do find a job, they receive less pay

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).

employer might be liable for the discriminatory activities of an employee and employers may also be liable if

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).

Before the passage of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 (ADEA), the only substantive protection from discrimination for United States citizens was the 14th Amendment, which states, “equal protection of the laws.” Seminal cases under this law include, Brown v. Board of Education, and more recently, Bush v. Gore (Cornell University Law School, 2016). Despite the 14th Amendment, discrimination based on race, sex, and age went uncontested as it was often difficult to prove and no specific protections existed. Hence, as part of the Civil Rights Act, the creation of the Equal Employment Opportunity Commission (EEOC) allowed federal law to establish protected classes (The U.S. National Archives and Records Administration, 2016). As a person who falls under the protected class of age, this paper focuses on age discrimination and the potential ethical issues for employers involving this protected class. While most employers respect and follow employment laws, age discrimination is more common than many realize and can be devastating for the individual and financially problematic for the employer.

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.

As described on Facts About Age Discrimination (2008), the ADEA provides protection against age discrimination for both applicants and employees during the hiring and employment termination process. For employees the ADEA protects against age being a factor in opportunities for promotion, assignment of benefits and selection for layoffs. With few exceptions the ADEA prohibits employers from including age as a criterion when advertising or posting notice for available jobs. The ADEA explicitly protects “whistleblowers” against retaliation as a result of filing an age discrimination

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.

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.

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)

Age discrimination has some special aspects that make it different from other types of employment discrimination. My research will discuss this more in detail. Included will be several court decisions of great importance, the history of the Age Discrimination Statute, and other important data in regards to Age discrimination. Also there is information included on how to file a complaint with the

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.

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

These three classifications of law affect both business and society, through not only the guidelines defining what is and is not a crime, but also through protection for both. The examples above talked about a car hitting an individual. If it were taken one step further and the car belonged to a business, there are laws in place safeguarding the culpability of the business from the incident since though it is a company car, the company itself was not driving it. Instead the driver and only the driver would be the one at fault, and the victim would have only the driver to seek compensation or prosecution against.