Age Discrimination

Paper Summary:

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."

Sample of Sources Used:

• Age Discrimination in Employment ACT (ADEA). (2000) Labor Law, http://www.laborlaws.com/block4/item416 U.S. Equal Employment Opportunity Commission.
• EEOC, http://www.eeoc.gov/abouteeoc/35th/thlaw/owbpa.html
• Human Resources Management. (2002) Chp. 4- Rights, restrictions, and Laws of the Public Workplace, page 82. Kimel v. Florida Board of Regents. Biotech law, http://biotech.law/lsu.edu/cases/eeoc/kimel_v_Florida.htm
• Reeves v. Sanderson Plumbing Products, Inc. http://www.execucite.com/membersite/Executive_Employment_Law_Issues/Age_Discrimi...
• Jackson Lewis. Smith v. City of Jackson, Mississippi. http://www.jacksonlewis.com/legalupdates/article.cfm?aid=608 Kelly, Eileen P. Age discrimination and layoffs of highly compensated workers, http://findarticles.com/p/articles/mi_qa4026/is_200204/ai_n9061405

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