The Importance Of Age Discrimination Case

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In today’s modern business environment, human resources (HR) plays a critical role in keeping executives informed of key legislation and minimizing the organization’s risk exposure. Expectations are high and HR responsibilities are broad, including recruitment, retention, performance management, risk management, training and education, and employee safety, wellness, and benefits. When it comes to employment regulations and ever-changing legislation, executives rely heavily on HR professionals to be subject matter experts. Age discrimination suits are on the rise and post-termination lawsuits can be a real threat to an organization. The Supreme Court’s (SC) ruling on McKennon versus Nashville Banner Publishing Company (NBPC) increased an …show more content…

The decision determined that even though after-acquired evidence is admissible, it should not leave the plaintiff with no opportunity for relief and that company’s must be held responsible for discrimination (O’Brien, 1996). The decision was particularly significant because it linked the Age Discrimination in Employment Act of 1967 (ADEA) to Title VII of the Civil Rights Act …show more content…

HR professionals must stay up to date on legislation changes. For example, the ADEA originally set an age range from 40 through 65, then extended the range to 70, and ultimately lifted the upper age limit in 1986, thus essentially banning mandatory retirement (Carden & Boyd, 2014). A recent example of new legislation that has enhanced opportunities for employees to sue their former employers after termination or layoff includes the Genetic Information Nondisclosure Act (GINA), which makes it illegal to discriminate using genetic health information (Padalino, 2012). In addition, a 2009 change to the Americans with Disabilities Act (ADA) broadened the qualifiers, increasing employer vulnerability to such discrimination claims (Padalino, 2012). HR professionals must not only be aware of legislation changes and SC rulings, but they must ensure the adequate education and training of executives and management to ensure legal compliance across the

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