The Age Discrimination In Employment Act Of 1967 (ADEA)

This law is suggested to be the product of the Title VII of the Civil Right Act of 1964 (Glenn & Little, 2014). While title VII was expected to avert all forms of discrimination it didn 't not include age as one of the five protected classes. However, the main mission was to provide equal opportunities and being the journey away from discrimination against employees. So Congress looked upon the Secretary of Labor to report on age discrimination. They find out that the data showed widespread amount of discrimination against older workers. Date showed that workers 65 and over were barred from almost all potential jobs openings.

The Age Discrimination in Employment Act and the Americans with Disabilities Act were established to protect the rights of American Citizens on their jobs, in schools, and by age. It is unlawful to discriminate against any person because of their age or disability. Both of the Acts prevent employers and others small companies from retaliating against individuals who complained or filed a charge of discrimination.

The Age Discrimination in Employment Act ( ADEA) makes it unlawful for any employer to discriminate against any individual regarding compensation,

When people first consider this reason, it makes sense at first. Older youngers are more fragile and can’t do as much physically and technologically like young people can. Andrew Mayfair says, “Your business may lose the potential to mold and keep a valuable employee for years to come” (Mayfair). Andrew Mayfair points out in his article, “The Consequences of Age Discrimination at Work”, how businesses believe that getting rid of older employees who can’t do as much as younger employees is helping the company. Mayfair then explains how older employees, with their extensive knowledge, are the “molds” for the younger employees. Instead of letting a younger employee slowly gain a vast amount of knowledge, the older employees already possess this and can pass it down to the new and inexperienced employees. Businesses who will discriminate against people of older age have the misconception that they are helping their business by getting rid of older employees. Little do they realize, these discriminatory practices are causing the adolescent employees to be substantially held back due to their little knowledge of the

American workforce is getting older. Fact, in between 1970 to 1991, the workforce number over the age of 40 in the U.S. has increased from 39,689,000 to 53,940,000. Because of that, the legislative and judicial developments in the age discrimination in employment have occurred (1). The baby-boomer generation - Americans born between 1946 and 1964 represents more than seventy million workers in the U.S. workplace, and that around 50 percent of the whole workforce. The whole baby-boomer generation since 2006 has falls under the protection of the federal laws against acts of discrimination based of age (ADEA) (2). In 2011 more than 40 million people in the United States are ages 65 and older. Moreover, this number will increase to 89 million and that is more than double by 2050. Age discrimination is continuing, as the workforce is growing old (3). A study by the federal Bureau of Labor Statistics shows that the older workers unemployed longer than younger (4). "Age discrimination is harmful not only to the individuals who experience it. In 2004 alone, the cost of negotiated settlements of federal age discrimination complaints totaled $69 million" . Age discrimination is possibly the most damaging of the various cases of discrimination that occur in the workplace.

With the improved healthcare, people are living far past than that of their ancestors. In addition, workers are able to stay employed longer. The median age for workers has increased pass the age of 40. As workers get older, the increased importance of the Age Discrimination in Employment Act has grown in labor and employment law. Under the ADEA, employees are protected against discrimination due to age. Another employment law is the Employee Retirement Income Security Act. This law was put in place to provide “standards for the establishment and operation of employee benefits plans” (Business & Legal Resources, 2015). Both of these laws are meant to protect the older workers. No law is perfect and with each law has is imperfections.

Art 140- No employees shall be disrespected or bullied by employers because of their age.

There are numerous federal laws protecting the rights of employees. Federal law also includes the Age Discrimination Act which protects workers who are over 40 years old and the Americans with Disabilities Act which protects those that are disabled.

Situation B. Employee B is of 68-year-old. The annual performance review result makes employee B the most eligible for the promotion. However, the company gave the promotion to the other employee, who is much younger, 32-year-old. This is a clear violation of the law “Age Discrimination in Employment Act (1967)”. The employer has categorized the employees based on age, which affected the employment growth opportunity for the employee B. Employee B can sue the company under ADEH law for such discriminations based on

The world has come to a place where society thinks that any type of age will always have one type of “weakness” that will make them incapable to do a certain activity. The article called Age Discrimination by Gale Encyclopedia discusses how older people have it the hard way because they do not have an opportunity to keep their job . “Not only is it harder for an older worker to keep a job, it becomes harder for an older worker to find a job…..” (Encyclopedia, p.g 2) This certain situation discourages further people to look for other jobs, if they got fired because they start to lose hope. Not only is it harder for elderly people to find a job, but it gets difficult for a non experienced worker to adapt into their new environment. Younger workers

The Age Discrimination Act was passed in 1967; it states all workers who are 40 and older shall not be discriminated in recruitment, hiring, firing, salary, retirement and other practices. (SEC. 623. [Section 4]) Investigating charges and trying to work out solutions is done through the Equal Employment Opportunity Commission (EEOC). (SEC. 633a. [Section 15]) Among all the various discrimination cases, age discrimination can be the most potentially damaging to a corporation.

The Age Discrimination in Employment Act explicitly protects employees age 40 and over. This Act applies to an employer with 20 or more employees and prohibits discrimination at any stage of the employment process such as hiring, termination, promotions, and demotions. Reducing an employee’s health benefits or wages, and forcing involuntary retirement are also prohibited under the ADEA.

Age discrimination charges consistently represent 20% to 25% of all discrimination charges filed with the EEOC. During the economic downturn employers, fearing lawsuits by older workers, chose instead to lay off younger workers despite their lower salaries. As with most equal employment issues, a better understanding of what constitutes age discrimination continues to be defined by the courts and the EEOC.

Covered by the act are employers with twenty or more employees, labor unions that operates a hiring hall or with twenty-five or more members, employment agencies, and Federal government agencies. Exceptions to the rule are some state laws such as the New York Human Rights Law which prohibits age discrimination on employees age eighteen and older (Cihon and Castagnera 255).

R: The law prohibits discrimination in any aspect of employment. Age discrimination includes treating a person differently because of his or her age. The Age Discrimination in Employment act (ADEA) protects employee at an age 40 or older but does not protect a person that is younger than 40. Some states have different laws that protect younger workers from age discrimination.