Ethical Issues in Employment Law
The Age Discrimination and Employment Act of 1967 (ADEA) protects people over the age of forty from discrimination when applying for employment or in the workplace. Specifically the ADEA is focused on age discrimination of individuals over forty in regards to hiring, promotions, discharge, compensation, or terms, conditions or privileges of employment (Department of Labor, 2016). The ADEA is enforced by the Equal Employment Opportunity Commission (EEOC). Within the workplace, two of the area’s the ADEA presents educational challenges for leaders are; through educating hiring teams and employee relations. Through the hiring interview process and daily workplace interactions, employees can unintentionally find themselves discriminating
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Based on the examples provided; there are ongoing issues with bias in relation to age in the workplace. Additionally, there are ways in which companies can offer incentives for older employees to leave the company early. For example, “evenly applied layoffs or companies can offer an early retirement incentive for employees to retire, if accepted the employee normally has to sign a ADEA waiver as to not bring suit against the company later” (Lau, T., Johnson, L., 2014 p. 268). Today, most careers within the United States are employment-at-will, meaning either party can terminate employment with or without cause, with some exceptions. This allows for great flexibility for employees and employers to meet the needs of the business and our personal lives. As with many benefits we have, we also must be responsible stuarts of society and ensure checks and balances are in place for a fair and reputable working environment. Reducing the occurrence of age discrimination is one way we can improve work environments and retain expertise in the workplace to train the less experienced team
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.
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...
Diversity can be differences in age, gender, ethnicity, and religion. Having such a diverse workforce can be very challenging. (1) Today’s workforce is very diverse in respect to age. Before, corporate America consisted of workers ranging from twenty one up to late thirties to early forties. Now, we see people in their mid to late fifties going back to work. This trend has both advantages and disadvantages. One advantage of an older employee over a younger employee is his ability to use his years of experience in situations where a younger employee lacks experience. Another advantage for an older employee is his built relationship with existing customers. The disadvantage of an older employee over a younger employee is his inability to quickly adapt to his changing environment. Younger employees are more “hungry” compared to their older counter parts. Their hunger is fired by their goal to quickly move up the corporate ladder.
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
In Module 1, Kindred Todd faced quite a few ethical dilemmas that included her values and technical ineptness. The first predicament was tested her personal morals and ethics. According to, Cumming and Worley, OD practitioners are dealing more and more with value conflicts with powerful outside groups (Cummings & Worley, 2008). Kindred was immediately faced with the issue of knowing what was ethically correct but being told the unethical approach was the best in order to benefit the client and her job security. Although compromising is one of the many skills of organization developers there are still morals that should be followed on each assignment. Kindred, know that deceiving the clients was unethical, took the first step to working on behalf of the client and immediately involved her superior, Larry, to resolve a potential conflict In the project. While her actions went in vain when she told her boss to remove her from the project and provide the client with a more qualified resource, Kindred did what she thought to be the best approach.
The term “ethics” refers to an external set of rules that have been established by an institution or organization, for example, a university, and the members are expected to follow them. On the other hand, integrity refers to an individuals’ internal set of principles that guides their actions and behavior (Czimbal and Brooks n.p.). As a rule, people are usually rewarded when they follow ethical codes of conduct by an external committee or board that monitors their behavior. For a person of high integrity, the benefits are usually intrinsic. Moreover, such individuals always make the right decisions even when they are not being watched. Therefore, this feature of character is often influenced by a person’s upbringing. In
Even after you have been terminated from your job, you still have rights as an employee after your termination. Employment termination can be sudden, and other times employees are given warnings and an advance notice. In the case that you are fired, you have the right to receive a final paycheck, the option of continuing health insurance coverage, and may be eligible for severance pay and unemployment compensation benefits. It is important to know all of your rights and options if you may need to seek assistance for any questions about your rights. You may need to talk to an attorney if you believe you have been discriminated against and/or have been subjected to wrongful termination.
Right to work laws in the U.S are fundamentally statutes in the U.S states that allows worker to have the freedom of choose, to join or to not to join union in a unionized workplace (Collins, 2012). Under these laws, the employee is also not compelled to contribute to any part of union fees while receiving similar benefits as union’s members who make their contribution. In essence, right to work law aim is to provide regulation on the contractual agreements between labor unions and employers, and between the employee and the union. This paper seeks to make simple clarification of the right to work laws following the recent debates in the recent past.
Discrimination is a feasible method of making decisions in life based on the group, class, or category to which a person belongs to. “In an ideal world, people would be equal in rights, opportunities, and responsibilities, despite their race or gender. In the world we live in, however, we constantly face all kinds of neglect based on different attributes.” When one hears the word discrimination, the first thought that comes to mind is racial discrimination. In fact, it does not solely have to be racial discrimination. There are many forms of discrimination such as age, disability, transgender, and sex discrimination. This paper will focus on discrimination based on gender, race and age in the workplaces.
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.
Workplace diversity has become a growing concern within organizations. Managers are now challenged with learning new ways to effectively communicate the importance of embracing different races and ethnicities. Diversity encompasses many different characteristics including age, gender, ethnicity, religion and disabilities (Robbins). As of late, age has become more of a concern as the baby boomer generation begins to reach retirement age; many are not retiring early but instead are working well into their seventies. Unfortunately for those baby boomers, the number of retirees decreased during the 2008-2009 recession mostly due to economic struggle. People cannot afford to retire, perhaps because they did not save enough for retirement or had to dip into their retirement fund to survive earlier in life. In addition to age discrimination, gender discrimination is another common diversity issue. According to “Organizational Behavior,” as of 2000, more women are working full time, have more education, and have started to close the earning gap between men and women (Robbins). Most commonly, women are targeted in the workplace fo...
Ethics in the workplace is a very important thing to have. Without a sense of ethicality in the workplace there are many things that could go wrong. You could even end up losing a job because of a lack of ethics, or other consequences could be felt due to a lack of caring or morality. The workplace is a place that you should show respect and dignity, and a deeper sense of ethics is very important in order to uphold these senses of morality. Workplace ethics, which include such things as behavior, integrity, commitment, teamwork, and other things, are important, if not required, in most workplaces and can help to improve performance and morale for workers and employers.