A discussion and analysis of the Age Discrimination in Employment Act (ADEA) that was signed by Congress in 1967 as a method of addressing the arbitrary policies that many industries had in the country relating to older workers.
1,800 words (approx. 7.2 pages), 9 sources, 2006, $ 71.95
Abstract This paper presents an overview of the Age Discrimination in Employment Act (ADEA), explaining that it specifically relates to workers of age 40 and older, as Congress believed that this was the age when there was the most evidence of age discrimination. The paper explains that the ADEA directly focuses on a number of issues that affect concerns of age discrimination. These issues include the hiring of employees, the promotion of employees, the salaries of employees and the ability of the company to discharge workers. The paper further explains that the Act discusses the publication of materials for workers that relates to their employment and how these publications may have a direct impact on the interpretation of the ADEA in courts.
Abstract The paper analyzes "The American with Disabilities Act" (ADA), the "Age Discrimination in Employment Act" (ADEA), and the "Family and Medical Leave Act" (FMLA), which are all-important pieces of legislation that have affected US federal, state and local businesses. The paper explains what each act deals with and handles and that each of these pieces of legislation have one thing in common, the anti-discrimination against American employees, both domestically and internationally. This paper explores each piece of legislation and determines their importance to American business as well as state, local and federal government employees.
Outline:
Introduction
The Americans with Disability Act (ADA)
ADA Defined
Description
History
Positive and Negative Issues
Importance
ADA Case Law
Age Discrimination in Employment Act (ADEA)
Definition
Description
History
BFOQ (Bona Fide Occupational Qualifier Clause)Issues (Positive or Negative)
ADEA Case Law
Family Medical Leave Act (FMLA)
Definition
Description
History
Positive/Negative Issues
FMLA Case Law
Conclusion
From the Paper "A 'covered entity' can refer to any employment agency, labor organization or joint labor-management committee, employing 15 or more workers. When an entity discriminates against its workers, they do a great disservice against its workers; they do a great disservice against themselves as a whole. Entities that discriminate might "limit or classify a job applicant or employee in an adverse way". They might even "deny employment opportunities to those who truly qualify (yet are disabled)". Entities might also discriminate by "not making reasonable accommodations to the known physical or mental limitations of disabled employees with disabilities" or not advancing these same employees with disabilities."
From the Paper "Robert Butler, the first director of the National Institute on Aging, coined the term "ageism" in 1969 and likened it to other forms of bigotry such as racism and sexism (Robinson, 1994). Butler defined ageism as "a process of systematic stereotyping and discrimination against people because they are old" (Robinson, 1994). Today, ageism is more broadly defined as any prejudice or discrimination against or in favor of an age group (Robinson, 1994)."
Abstract This paper addresses inequalities in the workplace, specifically as they affect women and persons over age fifty. The paper discusses how the Equal Opportunity Employment Act should be applied and enforced by employers, as well as methods in which human resources professionals should structure their EEO Policy in accordance with the law.
From the Paper "America, one of the wealthiest and most powerful countries in the world, foremost in the fight for freedom, justice and equal rights of all people, still has not achieved equal opportunities for certain groups of people on our own home land. Workplace discrimination has prevented certain groups of people from attaining jobs, which they were otherwise qualified for, but were denied on the basis of race, gender, age, ethnicity, religion or disability. Age discrimination is one of the least discussed topics of discrimination; however, it still remains a widely practiced phenomenon."
Tags:adea, broq, business, compensation, discrimination, obpa, recruitment, work
Abstract This paper explains that older employees and job applicants, who are 40 years of age or older, are protected under the Age Discrimination in Employment Act (ADEA). The author states that claimants can use time-consuming and costly processes of litigation, mediation, or dispute resolution to reach a settlement or decision on their complaints. The paper states that age discrimination claims continue to be the fastest-rising claims with the EEOC because American workers are living and working longer, sometimes into their 70s.
From the Paper "The EEOC recently settled a major age discrimination suit against Foot Locker. In any discrimination case, the following qualifications must be met: the claimant must be a member of a protected class, adverse employment action has occurred, legitimate reasons exist for the cause of action. When an employee feels that he has been discriminated against, he can file a claim with the EEOC who will investigate. In the case against Foot Locker (who owned Woolworth Inc.), employees 40 years old or over were laid off. But immediatley after these layoffs, younger workers were hired from the outside and filled the vacant positions that were left by the older workers (EEOC)."
Abstract When most Americans think of the term Equal Employment Opportunity, they think about racial discrimination. However, as the Baby Boom generation, the largest generation in American history, gets older, age discrimination is likely to become a larger and larger factor in the discrimination lexicon. This paper shows that more and more equal employment opportunity lawsuits are likely to be initiated because older workers think they have not gotten fair treatment by their employers. In order to assess the current status of both public and legal thinking regarding age discrimination as an equal employment opportunity issue at present, a number of these publications are researched in this paper for recent events and cases regarding age discrimination.
From the Paper "In denying the charges, Belk claimed that the changes were meant to consolidate operations from five division offices in the Southeast to the Charlotte headquarters (Dyer 2003). While that may make good business sense, it might also raise a red flag with observers, as most of the jobs in question where high-level jobs in the divisions which might be assumed to carry not only sizeable salaries, but would also be performed, in many cases, by older workers who were approaching retirement and would therefore be eligible for pensions. The attorney representing the employees noted "Many times in these kind of cases, the older employees who were making more money and bigger pensions are the first ones to go...You can't just decide to get rid of all of these old people just because they're making a lot of money." (Quoted by Dyer 2003)"
Abstract This paper discusses the issue of after-acquired evidence in court cases. The paper presents a focus on this factor in cases that deal with employment discrimination. To illustrate the topic, the paper provides the 1995 case of McKennon versus Nashville Banner, wherein the Supreme Court made its determination about after-acquired evidence. The paper also examines civil rights laws such as Title VII and the ADEA, that are aimed at reducing discrimination in employment practices.
From the Paper "For years the circuit courts had been disputing whether or not, 'in an employment discrimination case, evidence of employee wrongdoing that was acquired by an employer after a discriminatory discharge could be used in defeating an employee's claim of employer discrimination" under Title VII of the Civil Rights Act of 1964 (Title VII) or the Age Discrimination in Employment Act of 1967 (ADEA). The Fourth, Sixth, Eighth and Tenth Circuits maintained that after-acquired evidence was admissible. However, the Third and Eleventh Circuits believed that such evidence could not provide an employer with an affirmative defense to an employment discrimination case. The Seventh Circuit went back and forth between admissibility."
Abstract This paper details the crucial role of the Department of Labor in overseeing the rights of the nearly 125 million employees in America. The Department of Labor currently manages in excess of 180 federal laws. It also explores various laws and regulations, which were implemented by the U.S. government to protect both employers and employees such as the Fair Labor Standards Act (FLSA), which imposes standards for wages and overtime pay. This paper also delves into the laws that protect employees against various forms of discrimination including those related to age or physical handicap.
Outline:
Fair Labor Standards Act (FLSA)
Wages and Hours
Workplace Safety and Health
Workers Compensation
Civil Rights Act, 1991
Age Discrimination in Employment Act (ADEA)
Employment Verification System
Equal Employment Opportunity Commission (EEOC)
Instance of Employment Protection Provided in the State System but Not by the Federal System
From the Paper "The Department of Labor is empowered to recover back wages, either through administrative action or by way of Court action, in case of employees who have been paid less in infringement of the law. Infringement might attract either civil or criminal action. Penalty up to $11,000 per instance of infringement might be assessed against employers who infringe upon the child labor provisions of the law and up to $1,000 per infringement against employers who intentionally or frequently infringe upon the minimum wage or overtime provisions of pay. This law bans discriminating against or discharging workers who report a complaint or take part in any proceedings under the provisions of the Act."
Abstract This paper explores labor law. The paper presents two cases illustrating disparate treatment and disparate impact and includes a brief description of the relevant facts, the ruling and reasoning of the court and finally the specific implications of the ruling for an employment environment. The paper answers these questions: What are some measures a company can take to reasonably accommodate people with disabilities, or those with a known drug abuse problem? Should factors like personality, attitude toward work and future upward mobility be considered when hiring?
From the Paper "Discrimination can be the result of both intentional and unintentional motives. The willful intention to discriminate against an individual or group based on their race, gender, religion, national origin or disability is called disparate treatment. Disparate impact refers to a practice or policy that appears to be neutral on its face but negatively impacts a particular group, such as women or older workers. Disparate impact uses a circumstantial method to prove discrimination."
Tags: labor law, ADA, ADEA, EEO, Civil rights act, disparate treatment, disparate impact, protected groups
Abstract This paper examines the Age Discrimination in Employment Act of 1967 (ADEA), which protects older workers from employment bias, and its1990 amendment the Older Workers Benefit Protection Act (OWBPA), which specifically prohibits employers from denying benefits to older employees. The paper presents court cases, which led the Supreme Court to rule that older workers must prove beyond a shadow of a doubt that there is evidence of age discrimination by their employer for a court to consider it as a legitimate state interest. The paper points out the particular problems of baby boomers are not only the stress of working longer but also age discrimination that can cost them their positions, which they can not afford to fight in court.
From the Paper "Despite the fact of filing suit and providing evidence against the employer and winning punitive damages, the private and public sectors are still dealing with baby-boomers not retiring and recession on the rise. Kelly (2002) states that, according to the U.S. Census Bureau, the first baby boomers will begin to turn sixty-five in 2011 and by 2030, one in five people will be over sixty-five. This means that older workers will remain employed past the traditional retirement age and pose challenges for employers with age discrimination in employment laws."
Tags: plaintiffs, forty years, supreme court, baby boomers, costs
Abstract In this article the writer looks at the Age Discrimination in Employment Act (ADEA) that was formulated in 1967 primarily to protect older people from discrimination in the workplace. This encompasses discrimination that may occur in hiring, training, promoting, benefits, and provision of responsibilities. The writer first presents the situation of older employees in the US and includes a discussion of how the situation was prior to the existence of the AEDA. The writer then shows specific strategies or techniques that may address current problems relating to older employees. Additionally, the writer looks at the implication for social workers as well as solutions that can address existing issues which are relevant to older employees. The writer concludes that in practical, economical terms, it is more beneficial if the older working force is not overlooked and mentions training programs and opportunities where a social worker can contribute to the employment of an older person.
Outline:
Abstract
Introduction
The Aging Society and Ageism
Age Discrimination Today
Resolutions
From the Paper "Furthermore, older employees were found to be more difficult to work with. This is because they tend to have negative job behaviors. Instead of attempting to remedy this negative behavior through a discussion, employees found it easier to replace these older workers. Moreover, older workers were found to be less suited for further training and promotion because they posed more of a financial risk than an asset.
"Prior to the existence of the ADEA, age discrimination have been rationalized and justified. Some of these have been related to an older person's cognitive, physical skill, and decision making activities. It is a statistical fact that as a person becomes older, he may suffer from more disabilities compared to a younger person. This disability may limit his ability to work. Disability rates dramatically increase by the time a person reaches 40 years old."
Abstract The paper reviews the historical process of labor and employment law in the United States as well as the current laws that are in effect and enforceable in relation to employment law in the United States. The paper addresses Title VII of the Civil Rights Act of 1964, the Immigration Reform and Control Act (IRCA) of 1986, the Age Discrimination in Employment Act (ADEA), the Equal Pay Act (EPA), Titles I and V of the Americans with Disabilities Act and the Civil Rights Act of 1991.
Outline:
Objective
Introduction
Employment Law in the United States
Three Acts
Centralization of American Labor Law
Laws Presently in Existence
Summary and Conclusion
From the Paper "Specific laws exist that govern employers and one of these is Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin. Additionally the Equal Pay Act of 1963 (EPA) protects men and women who perform substantially equal work in the same workplace from sex-based wage discrimination. The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are over the age of forty years of age. Title I and Title V of the Americans with Disabilities Act of 1990 (ADA) prohibits employment discrimination against qualified individuals with disabilities in the private employment sector and in state and local governments."
