Age discrimination in employment, also known as job ageism, is a complex issue which impacts on many areas of Government policy and can have many implications for individuals themselves. Age discrimination can occur across the whole spectrum of employment and can affect both younger and older people. It can affect a person’s chances of getting a job, as well as their chances of promotion or development when in work. Age can also be a factor when employers decide who should be selected for termination.
Ageism seems to be more common in the workplace than racism or sexism. Although only about 20% Of all complaints filed with the federal Equal Employment Opportunity Commission (EEOC) are for age discrimination, settlements and jury awards are substantially higher in such cases than in those for race, sex or disability discrimination (Age Discrimination, 1999). Older people are accused of lacking energy and flexibility, while young people lack experience. Many people are refused the opportunity to show whether or not they have what it takes because of their age. These people are being robbed of their employment opportunities.
Definition of Age Discrimination
There can be both direct and indirect forms of age discrimination in employment. The most obvious forms are where people hold strong, stereotypical views about a person’s capabilities to do a job or to be developed because of their age. For instance, an employer could regard all 18 year olds as immature and incapable of managing older staff, even if they have the right qualifications and experience for the job. On the other hand, an employer could consider all those over 50 to be incapable of learning about new technology, because “that’s something that young...
... middle of paper ...
...tions (5th). Boston, NY: Houghton Mifflin Company.
Petrick, J. A., & Furr, D. S. (1995). Total quality in managing human resources. Delray Beach, FL: St. Lucie Press.
Player, A. M. (1992). Federal law of employment discrimination (3rd). St. Paul, Minn.: West Publishing Co.
Retrieved April 13, 2000 from the World Wide Web: http://gtp.canberra.edu.au
Retrieved April 13, 2000 from the World Wide Web: http://www.mscd.edu
Weitzman, A. H., & Senior, J. M. (1999). Employment law: Age discrimination.” National Law Journal, 22 (13), B7. Retrieved April 13, 2000 from ProQuest Direct on-line database.
Yates, M. (1994). Power on the job: The legal rights of working people. Boston, MA: South End Press.
Zemke, R. (1999). Get old - - get out!” Training; Minneapolis, 36 (3), 6-8. Retrieved April 13, 2000 from ProQuest Direct on-line database.
It seems that the major issue here is whether or not one can use age as a factor in terms of discrimination when the discrimination was not intentional. If for example it turns out that the people who are laid off are over the age of 40, even though no malicious intent is discovered, it still may be construed as age discrimination. This issue has been somewhat controversial for some time, as most litigants in age discrimination lawsuits realize that they ...
Sloane. A. A., Witney, F. (2010). LABOR RELATIONS (13th editions). Prentice Hall. Upper Saddle River, NJ
“92 percent of workers who have seen age discrimination happen in the workplace or have experienced it first-hand say that it is either very or somewhat common to see.” According to Gaille (2015).
Within business organizations, aging is something that is inevitable and unique to all people. Business practices need to be in the best interest of an organization, which is also inclusive to the employees, stakeholders, and customers in which they rely on and cater to. Best business practices, both directed and implied (regardless of the location) dictates that businesses follow and adhere to federal, state, city, and other local policies. However we needn’t look too far to see the multiple lawsuits that show continued and practiced bias and prejudice. One such incident involving discriminatory practices involving ageism that will be discussed within this discussion will revolve around a Texas Roadhouse restaurant based in Palm Bay, Florida.
Age discrimination has become more than a minor inconvenience throughout the twentieth century; indeed, the issue has become such a hot potato within the workplace that laws have been forced into existence as a means by which to address the problem. In order to help protect those who stand to be singled out and let go because of the unfairness of ageism, the Age Discrimination in Employment Act (ADEA) was designed with the older employee in mind.
Holley, Jr., W., Jennings, K. & Wolters, R. (2012). The labor relations process. (10th ed.). Fort
Elderly folks are eminently mature and have the finest instinct about what is right and wrong though It’s challenging to change someone’s point of view in a matter like this. When such injustice takes place, it de-motivates senior workers from their work. In an article over Ageists by Vincent J Roscigno, he states facts about different views on older Americans in general and in workplaces such as, “most of the population consists of biases and preconceptions, and the accused are unashamed in their views of older Americans. Those who believe that younger employees have much more value than senior employees are inserting a strong assumption based on their age. “Ageist attitudes and discrimination is what results in lower levels of overall organizational commitment to older workers, and a “push” out of a particular workplace.” Just because of an older employee’s depiction, such unfairness circulates in workplaces which cause false impressions of older
Stossel and Mastropolo’s thesis did not come until at the middle of the article when they talked about how Murray Schwartz is convinced “that older people can do the job just as well as younger people and believes that employment age discrimination laws are a crucial protection for older workers” (paragraph 11). With this issue, there are two sides of argument in this article: one is from the corporate as to why it is a necessity to fire people when they come of age, and the second one is from the workers being affected at this age discrimination. There are several people applying for jobs these days and a company attempts to fill that job with the best qualified person. If a per...
Moran, J. J. (2008). Employment law: New challenges in the business environment. New Jersey: Pearson Prentice Hall.
Bennett, Alexander, Hartman (2003), Employment Law for Business, Fourth Edition I., The Regulation of the Employment Relationship, The McGraw-Hill Companies.
Remington, J., Heiser, R., Smythe, C., & Sovereign, K. (2012). Human resources law (5th ed.). Upper Saddle River, NJ: Prentice Hall.
The Age Discrimination in Employment Act of 1967 is an act that was passed that clearly states that employers can’t be discriminate against someone based on their age 40 and older. The older adults are trying so hard to hold onto their jobs with dear life, because if not they will be nudged out and pushed aside. Not because of anything but rather because of their age. Age discrimination is on the rise as young as 50 years old. Age discrimination can happen to anyone regardless of your race, ethnic backgrounds or sexual orientation. A study was published in the Journal of Age Ageing and in the report it said that British People 50 years old and older faces discrimination about one third of them. In a resent survey older adults says job insecurity
Age Discrimination in Employment Act (ADEA) of 1967, as amended, protects workers age forty and over in hiring, promotion, and termination decisions. This project is going to analyze the ADEA and its amendment in terms of effectiveness, ineffectiveness, and influence which will be demonstrated by employment cases, research data. The project shows that the ADEA is not as effective as it suppose to be and its purpose of prohibiting age discrimination has not been implemented efficiently in workforce. The ADEA somewhat has enabled Americans work longer, however, it might not be the best
Byars, L. L. (1997). Human Resource Management. Chicago, IL: The McGraw-Hill Companies, Inc. Mills, D. Q. (1994).
Age discrimination continues to be a problem for both men and women that are over the age of 40 in the workforce. In year 1967, the federal Age Discrimination in Employment Act ADEA was passed to prohibit discrimination against workers over age 40 and older. Another law in the year 1964, Title VII of the Civil Rights Act of 1964 that prohibits employment discrimination on the basis of sex, race, color, religion, or national origin. However there are still age discrimination and it seems to be more especially for older women more than older men. The Federal and the state should implement more regulations to protect workers' rights in all age groups, both in the younger and older generation including their race and gender.