What Is Age Discrimination In The Workplace

The Americans with Disabilities Act (ADA) “prohibits discriminating against an individual in the selection process” (Moran, 2014, p. 32) due to a potential disability. A disability can be defined as a mental or physical condition that can result in some sort of handicap. As a result, the employer may be required to accommodate the people who are considered as disabled, to help them perform his or her job duties.

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).

discrimination based on race, color, religion, sex, or national origin. So, employment discrimination includes age discrimination, sex discrimination, religious discrimination, racial discrimination and more.

The United States Supreme Court, as well as federal district and state courts, defines employee rights and an employer’s liability for employment law violations. Treatment on the job, including hiring, firing, and promotions, must be based on qualifications and merit and not on race, gender, age, sexual preference or how one responds to sexual advances. Yet despite these laws and policies, many employees continue to suffer from workplace harassment and employment discrimination.

This states that a person with a disability must not be treated less fairly than someone who is able-bodied.

Age Discrimination in Employment Act was established by congress in 1967. It was passed due to the denial of equal employment opportunities because of stereotypes. Its

According to Gary Dessler, “employers with 15 or more workers are prohibited from discriminating against qualified individuals with disabilities with regard to applications, hiring, discharge, compensation, advancement, training, or other terms, conditions, or privileges of employment. It also says that employers must make ‘reasonable accommodations’ for physical or mental limitations unless doing so imposes an ‘undue hardship’ on the business.” It not only prohibits discrimination in employment but also outlaws most physical barriers in public accommodations, transportation, telecommunications, and government services.

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.

In places of employment there are signs of race and color discrimination. Religious discrimination is the unfair or unequal treatment of an employee or employer. All other forms of discrimination is wrong and should not be tolerated.

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.

Age discrimination has some special aspects that make it different from other types of employment discrimination. I will also discuss a few. Included will be several court decisions on cases

Under Title I of the Americans with Disabilities Act, employers with fifteen or more employees are prohibited from discriminating against people with disabilities. Furthermore, the employment provisions of the Act require that employers provide equal opportunity in selecting, testing, and hiring qualified applicants with disabilities, job accommodations for applicants and workers with disabilities when such would not impose due hardship, and equal opportunity in promotion and benefits. (United States Department of Labor). If an employer is found liable for such discrimination, the fines can be extremely high. Therefore, it is important to know the definition of disability as determined by the ADA. A disability is a physical or mental impairment that essentially limits one or more of the major life activities of an individual, a record of having such impairment, or being regarded as having such impairment (Bennett-Alexander and Hartman) and the individual should be able to prove such factors to establish a prima facie case in court. Despite of these definitions, a disability is determined based on the effect the impairment

Discrimination in the workplace occurs when an employee experiences harsh or unfair treatment due to their race, religion, national origin, disabled or veteran status, or other legally protected characteristics. Discrimination is one of the biggest problems people face in the workplace and it must be dealt with forcefully.

Discrimination occurs when an employee suffers from unfavorable or unfair treatment due to their race, religion, national origin, disabled or veteran status, or other legally protected characteristics. Employees who have suffered reprisals for opposing workplace discrimination or for reporting violations to the authorities are also considered to be discriminated against. Federal law prohibits discrimination in work-related areas, such as recruiting, hiring, job evaluations, promotion policies, training, compensation and disciplinary action. (employeeissues.com, 2006)