The Topic Of Age Discrimination

“The Age Discrimination in Employment Act (ADEA) prohibited employers from discriminating against individuals who were 40-65 years old. The Act pertains to employers who have 20 or more employees for 20 or more calendar weeks(either in the current or preceding calendar year); unions with 25 or more members; employment agencies; and federal, state, and local government subunits”(Mondy, Wayne 2010 pg.62,63). Gelato Cheese Company’s entire cleaning crew is under the age of 30 and that makes them not in compliance with the Age Discrimination in Employment Act law. There are some major changes that need to be made at this company in order for them to not have law suits filed against

| The Equality Act 2010 brought together existing regulations that already gave protection against ageism and other forms of discrimination, and extended them.  Since October 2010 this has been the main law relating to age discrimination, protecting you against ageism in employment, education and training.The law maintains your right not to be disadvantaged or treated badly at work because of your age.

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.

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.

• The fact that Anita said that the plaintiff will probably get job with the fact that the plaintiff had performance evaluation than the younger woman awarded the promotion led the plaintiff to expend emotional and financial recourses pursuing this ADEA claim in federal court. (Twomey, 2010, pg. 525)However, when analyzed by the court under a “direct evidence of discrimination “theory and under the McDonnell Douglas model, she had no case. (Twomey, 2010, pg. 525)

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 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.

The American population is aging as health care improves, the older generation is living longer and are still working or just getting into the workplace. One of the biggest issues that these older individuals face is age discrimination within the workplace. The Age Discrimination in Employment Act (ADEA) of 1967 forbids employment discrimination on the basis of age. Through a detailed explanation and history of the law, this paper will examine how ADEA affects the professionals in the workplace, human resources, managers, and employers in the workplace. It will further examine how the employee is affected by ADEA. This includes what their rights are and how they can make a complaint. Lastly, a legal case will be examined and evaluated so

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.

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.

The types of discrimination that went on before the ADEA resulted in many law suits against corporations. Discrimination is judged by either direct or indirect Evidence under the law. However,

Concern by policymakers over these types of incidents prompted Congress to enact the Age Discrimination in Employment Act (ADEA) in 1968, which outlawed discrimination in the workplace against workers between the ages of 40 and 65. Later amendments prohibited mandatory retirement before the age of 70 in 1978 (and then outlawed mandatory retirement altogether with a few exceptions) in 1986. During 1990, 10,485 complaints of age discrimination were filed with the Equal Employment Opportunity Commission.” 1 (Johnson and Neumark, pg. 779 , 1996 )

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.

Discrimination and harassment in the workplace can come in many forms. However, Discrimination, for the purpose of employment law, is any workplace action such as hiring, firing, demoting, and promoting, based on a prejudice of some kind, that results in the unfair treatment of employees (Ali, Yamada, & Mahmood, 2015). With some distinguished exceptions, such as affirmative action, discrimination is strictly prohibited by numerous federal laws (Ali, Yamada, & Mahmood, 2015). Nonetheless, there are three important laws that regulate discrimination in employment and they are: Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act of 1967, and Americans with Disabilities Act.