The Importance Of Age Discrimination

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).

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.

And, age discrimination should not exist today. Why should it, does talent expire? However, I believe that age discrimination is everywhere. It might not be easy to recognize because "cultural fit" hides it, as we discussed in two weeks ago in class. Or, it is just two expensive for an individual to pursue legal action. As a hiring manager, it is interesting to me, why an employer is not looking for the best candidate. Recruiting is expensive. Recruiting is expensive and talent management is critical for success. As stated in Armstrong, "The fundamental aim of strategic HRM is to generate strategic capability by ensuring that the organization has the skilled, committed and well-motivated employees it needs to achieve sustained competitive advantage." [© Kogan Page - Armstrong's Handbook of Strategic Human Resource Management - http://app.kortext.com/read/95029/?page=39]. Therefore, I know that I want to hire an individual that is going to add value to my business unit. Based on my own personal hiring experiences, I have hired candidates that are right out of college to candidates on the other end of the spectrum, and this was their second, third or even out of retirement career. Although, the candidates right out of college were immediately successful there is definitely difference in their approaches to work. The older employees brought many things that I believe are intangibles to the team, which helped influence the younger folks too. I found that the older employees that I hired were exhibited key characteristics that I think any hiring business leader or manager would want on a team. The traits, to name a few

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.

Some cases of age discrimination that I came across while researching this topic include: Parrish v. Immanuel Medical Center (Bennett-Alexander, p.418.). Surprisingly, many of the companies referenced in age discrimination cases were big-name companies. Some of these included: Westinghouse Electric, Northrop Grumman, Continental Airlines, First Union Corp., and Detroit Edison.

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.

discrimination when passed over for jobs as a result of lack of experience, however, under the ADEA, they

Ageism is surprisingly common in Australia, particularly within the workforce. The definition of ageism in working life according to Furunes and Mykletun (2009), is the “stereotypes, prejudice, and discrimination against ageing workers, based on chronological age or age categories such as older worker or senior”. This phenomenon has seen older workers increasingly subjected to biases and discriminatory practices when seeking and maintaining employment. Hence, the importance for organisations to understand current and trending issues on age discrimination, in order to draft and implement, effective, and relevant policies. The purpose of this report is to provide an in-depth analysis on ageism as a diversity issue in the workplace and to recommend organisational policies that recognise older workers as a strategic advantage. This analysis will focus on literature relevant to the recruitment and development of older workers. To begin with, this report will consider the context of ageism in Australia providing a deeper understanding of the diversity issue. Furthermore, an extensive discussion on the positive and negative age stereotypes of older workers will follow. The report will then review literature regarding organisational practices towards recruitment and development from an age related perspective. Finally, recommendations will ensue, providing organisational best practise suggestions to create age positive recruitment and training experiences.

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)

“Sketchy evidence that older workers experience discrimination because of their age is easy to find. The popular press includes many stories of individual employees who have been replaced by younger workers, sometimes just before they become eligible for lucrative retirement benefits. Older workers (in the past) were forced by mandatory

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

Senior employee is preferable than fresh employee in the stereotype of age. They have more job competency because of experiences,