A discussion and analysis of the AgeDiscrimination 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 AgeDiscrimination 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 agediscrimination. The paper explains that the ADEA directly focuses on a number of issues that affect concerns of agediscrimination. 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 This report discusses agediscrimination and its application to faculty. The paper describes the issue, discusses opinions related to the issue, analyzes relevant case law, discusses the implications of agediscrimination for leaders in higher education and draws a conclusion.
Abstract This paper explains that companies fire their older workers in order to avoid having to pay retirement or medical benefits or to hire a younger and less expensive replacement. The paper examines the various federal anti-discrimination laws and looks at numerous lawsuits that have been brought over agediscrimination. The paper discusses how age is the new battleground for many workers, a situation that is increasing in importance as the baby boom generation reaches retirement age.
From the Paper "Age discrimination is an issue today, perhaps more than ever in an era 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."
Abstract This paper analyzes agediscrimination, keeping in view employment laws. It discusses the reasons behind agediscrimination and what has been done to curtail it. The paper explains how agediscrimination lawsuits are particularly damaging to employers. It shows how discrimination may cost an employer a lot of money to discriminate on the basis of age. The AgeDiscrimination in Employment Act of 1967 protects older workers or job applicants against ageism. The paper concludes that since there is value in older workers, there is no need to hurt them by excluding them from the workforce.
Abstract In this article the writer looks at the AgeDiscrimination 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
AgeDiscrimination 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 This paper explains that, when downsizing in order to cut costs is considered necessary by a company's management, older employees and managers tend to be targeted for termination of employment in far greater percentages than younger employees and managers. The paper then points out that proving there is a connection between downsizing and agediscrimination can be difficult to achieve in a court of law. The paper also explains that agediscrimination can be concealed by offering other justifications for terminating employment. Examples of agediscrimination law cases are cited with the paper.
From the Paper "It requires courage, but older workers have to stand up for themselves when they are discriminated against. The worst thing to do is to remain silent. Remaining silent just condones age discrimination and encourages employers to discriminate in the future against other older workers who deserve better than to be cast aside. Workers who believe they have lost their jobs because of age discrimination should get in touch with the nearest office of the Equal Employment Opportunity Commission within one-hundred and eighty days."
Abstract This paper examines the AgeDiscrimination 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 agediscrimination 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 agediscrimination 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 This paper outlines the issues relating to agediscrimination in the workplace and analyzes how far the practice is going on in big and small firms, as well as the readiness of both the managerial group and the employees to face possible agediscrimination situations. It evaluates how corporations need to be aware the problem in order to provide a proper retirement program for the employees, so that when their senior age comes, the companies do not receive a lawsuit from disappointed employees. It outlines a study where questionnaires are sent to 25 large firms and 25 small firms in one area querying practices and provides an analysis of the results and reccomendations.
From the Paper "There are some reasons why such discrimination occurs. Experienced workers, some who already reach their golden age would cost more to the company, because of their high salary due to experience and exposure to the company where they know well about what is going on. When a company finds the older employees stay at their retirement age, it realizes how much it would cost. The company may need to pay higher retirement reimburse when it decides to keep older worker together with it for a longer period.
On the other hand, the presence of younger workers would give fresh performance for the company. Despite the less experience that the younger workers have, they perform more productive working performance compared to older workers, as older workers would need to deal with their physical challenge."
Abstract This paper explains that older employees and job applicants, who are 40 years of age or older, are protected under the AgeDiscrimination 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 agediscrimination 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 The AgeDiscrimination Act is enforced by the Civil Rights Center. The combination tries to protect the rights of workers of all ages. This paper defines the Act and gives the criteria for a lawsuit. A case example of agediscrimination is also given.
From the Paper "To successful achieve an age-based termination claim, a plaintiff must show that his/her age was the reason and "had a determinative influence on" the employer's decision to fire him or her. Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133, 141, 120 S.Ct. 2097, 2105, 147 L.Ed.2d 105 (2000). (McGovern 2005) To do this an employee will need to produce either direct or indirect evidence of discrimination that meets requirements Justice O'Connor's controlling opinion in Price Waterhouse v. Hopkins, 490 U.S. 228, 109 S.Ct. 1775, 104 L.Ed.2d 268 (1989), or indirect or circumstantial evidence of discrimination that satisfies the familiar three-step framework of McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). (Mc Govern 2005)"
Abstract This report looks at the general issue of agediscrimination in the workplace, focusing more specifically on ageism as it applies to older individuals between the ages of forty and seventy. This issue is looked at in terms of existing studies on the issue and how it is being dealt with in a programmatic manner by organizations. That is, this report does not just look at the problem of agediscrimination in the workplace, but also explores existing literature for solution based measures that can be used to advocate and recommend change. The report then goes on to make these recommendations, including the recommendation that organizations install programs that are respective of employee diversity to help educate people about the perils of ageism as it exists as a problem in our society.
Table of Contents
Introduction
Discussion of Findings
Recommendations
Conclusions
From the Paper "It is the main finding of the current report that in most cases, age discrimination in the workplace can be directly related to ageism in the society. Ageism is a type of prejudice that is leveled against people because of the sole feature of their age rather than about getting to know the person as a complex human being. Often when they have prejudiced attitudes, people will determine that everyone in a certain group defined oftenby physical characteristics is going to act the same way. One source of ageist attitudes therefore is prejudice against the older individuals in society. Prejudice against older individuals through ageism may manifest itself in a relatively harmless way or a way that actually harms the older individual, and this is a good reason that these stereotypes should be eliminated."
Abstract The paper discusses how the nation's legislatures have made it illegal to intentionally discriminate against anyone based on his or her age. The paper examines the case of Gerald Woythal who filed a suit alleging agediscrimination. The paper explains that while Woythal failed to prove his case, this lawsuit highlights several things his company should have done to prevent liability. The paper discusses the importance of documenting conversations, not making statements that can be construed as discriminatory and seeking legal counsel any time there are doubts about an upcoming action or decision to be made.
Outline:
Introduction
The Case
The Issues
Analysis
Decision
Conclusion
From the Paper "Advances in medical science have made it possible to live longer than ever before. This increase in life span has also increased the number of years that many people choose to work. There are many benefits to working including personal fulfillment, additional income and social opportunities that would otherwise be missed. But what happens when a company decides an employee is to old to be productive? What happens when the company realizes that it can lay off an older worker and bring in two younger workers for the same price? These are issues being faced across the nation on a frequent basis by an aging workforce."
Abstract The paper evaluates a discrimination incident that occurred to John, a 50 year old employee who works for Clinica Sierra Vista as a behavioral health counselor. The paper analyzes the entire discrimination complaint and civil litigation process as it would potentially apply to John and his employer, beginning with the EEOC and proceeding through the civil litigation process. The paper illustrates how the filing and settling of discriminatory complaints is a time consuming and costly process, whether it is completed just through the EEOC, or all the way to civil litigation. The paper points out, however, that such a case serves as an example to organizations that agediscrimination cannot be tolerated.
From the Paper "In today's business world, organizations do their best to ensure that they are legally protected by establishing policies and procedures, ensuring that management and employees abide by them, and making sure that their human resources department assists the company in adhering to all applicable employment laws. However, no organization is perfect, and the occurrence of legal issues is more possible than it may seem. Over the years, there has been a rise in reported cases of discrimination, mostly due to awareness, education, and availability of resources and laws that allow an employee to make a claim. Age discrimination is one that has experienced a rise since the early 1990s. In the year 2000, 16,000 age discrimination lawsuits were filed with the Equal Employment Opportunity Commission (EEOC), which was an increase of 2,000 from the previous year and the highest number since 1995 (Crampton & Hodge, 2003)."
Abstract This paper explains that older workers, who are generally considered to be better employees, but usually receive higher salaries than younger workers because of their longevity in the company, are being exccluded from the work force by U.S. businesses. The author points out that, while it is legal to fire or lay off people as a cost-cutting measure, business decisions, such as downsizings, job insecurity, increased use of part-time and contract employees, and greater reliance on automation have created a corporate culture that makes older workers expendable. The paper relates that, in Europe, this problem is being handled in a more humane manner and states that, with the shortage of warm bodies to fill entry-level jobs in the U.S., and with the problems of balancing Social Security, it is unlikely agediscrimination would be a feature of U.S. work life if the American population, as a whole, was not so dedicated to extolling youth.
Table of Contents
The Current Extent of the Problem
History of the Problem
Chart: Older Workers vs. Younger Workers
How the Aging Employee Issue Is Handled Elsewhere
Conclusion
From the Paper "IBM-Big Blue-has also been in the 'older worker' hotspot, although allegedly for a retiree, rather than a worker, problem. In 1999, IBM was switching its pension plan to a cash-balance plan rather than a traditional plan. Dave Finlay was calculating his future pension benefits and realized that he would receive more than 30% less under the new plan than under the old one. Finlay ran a spreadsheet program to compare the old and new retirement benefits. After spending what he calculated to be bout 2,000 hours on the project, he posted his spreadsheet process on a Web site so that other IBMers to calculate their own benefits potentials."
Abstract This paper discusses agediscrimination in the work place. In order to illustrate the complex nature of agediscrimination issues, this paper analyzes the experiences of a long-term female employee of the Bank of America who was a victim of agediscrimination.
