I have been a Registered Nurse for over thirty-three years, nursing is my passion. I personally would like to continue to work as a nurse, until I am no longer physically or mentally able to. I am a sixty-five years old woman, working as a bedside nurse in a community hospital. I do not imagine myself doing anything else, but to continue to work as a registered nurse. I remain a very active person in my personal life and at work. My age has not slowed me down at all, and I continue to work effectively. However, lately at work, I have noticed that management have not offered or considered me for promotion because they are being offered only to the younger nurses. Also, I have noticed that patients’ assignments have been easier than usual. Some younger nurses are making comments that the older nurses get, the easier assignment because we are old and unable to handle it. Furthermore, I have noticed that several of new hires are new grads or very young nurses and my hours are being cut. The rumors are that the new hires are going to replace the older nurses that should be retiring soon. Lastly, I am constantly being asked by the younger supervisors, when will I be retiring or taking a vacation. I am currently facing age discrimination at work.
Age Discrimination in the Workplace
To improve my situation of discrimination, I began to research my rights. According to Hillier and Barrow (2011), The 1967 Age Discrimination in Employment Act prohibits the following: failing to hire a
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).
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).
This says it is unlawful for an employer or potential employer to discriminate against you at work because of your age.
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 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 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)
The Age Discrimination in Employment Act of 1967 (ADEA) was enacted by congress because of its concern that older workers were disadvantaged in retaining and regaining employment.
The Age Discrimination in Employment Act governs discrimination in the work place for people age forty and older. “Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training” (EEOC, 2008). Because of companies wanting employees that were going to have longevity from their starting point, or wanting to move the younger people up the corporate ladder, something had to be done to protect the rights of the older generation.
On October 16, 2012, Complainant filed this action against Respondent, alleging discrimination on the basis of Age (64 years old) in violation of M.G.L. c. 151B § 4(1C) and the Age Discrimination in Employment Act of 1967. Complainant alleges that he was terminated and replaced by someone at least five years younger.
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
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
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
The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating on the basis of age. An employee is