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Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age (Facts about age discrimination, 1997). Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment. This discussion reveals that John's stipulations for a young man to do heavy lifting is in violation of the ADEA act.
John Jones was on the wrong side of the ADEA rules from the very beginning when he posted his help wanted ad. The ADEA makes it unlawful to include age preferences, limitations, or specifications in job notices or advertisements (Facts about age discrimination, 1997). Because John used the qualifier "young" in his job description he placed illegal limitations on the job applicant.
It is clear that John obtained the age of the...
The ADEA does not specifically prohibit an employer from asking an applicant's age or date of birth. However, if an employer does ask for the age of an application, it must be made only for a lawful purpose and not one forbiddent by the ADEA (Facts about age discrimination, 1997). In this intance, obtaining Jim's age may certainly be considered as implied discrimination because of various other circumstances in this case and would certainly stengthen Jim's claim of age discrimination.
John violated the ADEA when he wrote, "Is qualified, but appears to be out of physical shape" on Jim's application. Further, John told Jim that he wanted younger men who had the stamina needed for a lumber yard The ADEA require employers to consider applicants as individuals and to avoid stereotypical assumptions (The hiring process:…
Bibliography
Facts about age discrimination (1997, January 15). Retrieved November 30, 2004 from U.S. Equal Employment Opportunity Commission Web site: http://www.eeoc.gov/facts/age.html
The hiring process: FAQs (2002). Retrieved November 30, 2004 from FindLaw Web site: http://print.employment.findlaw.com/articles/2443.html
Age Discrimination HUMAN RESOURCE Management -- BA 544 Current Article Review Form Protecting Older Workers: The Failure of the Age Discrimination in Employment Act of 1967 Source (publication name or URL): Journal of Sociology & Social Welfare http://web.ebscohost.com/ehost/pdfviewer/pdfviewer?sid=9299ee55-86c6-4ee5-8518-237fd021170b%40sessionmgr13&vid=4&hid= Jessica Z. Rothenberg & Daniel S. Gardner Publication Date: Subject / Main Ideas / Concepts of article: This article critically analyzes the Age Discrimination Employment Act (ADEA) and asserts that the legislation is unsound. The authors review the history of age discrimination in
This is an unlawful practice. The only time when an age limit can be inserted into a job notice or advertisement is when age is shown to be a BFOQ (bona fide occupational qualification) and is necessary in all reasonable capacities for the normal operation of the role of the position Henry & Jennings, 2004() The ADEA also prohibits employers from making certain pre-employment inquiries about the job applicant. These
Experian, which combines IT for managing credit analysis and reporting, in addition to a strong finance focus, is particularly known for its internal cultural bias of choosing younger workers over older ones, with one market research manager in her 40s remarking how she excelled on a phone interview only to be rebuffed when she interviewed in person (Posthuma, Campion, 2009). Experian also is a company that as employees age
Age Discrimination In 1990 Older Worker's Benefit protection Act was enacted by Congress (OWBPA) as an amendment of section 4(f) of the ADEA. The OWBPA involves the enforceability and legality of early retirement incentive programs that are known as exit incentive programs in the act as well as waivers of rights under ADEA, and it also prohibits age discrimination when it comes to providing benefits to employees. This act particularly involves
" (DiCesera, 2002) WHAT SHOULD BE DONE by FIRMS Now that we understand what discrimination is and what are some of its various prevalent faces and forms, we need to understand what an organization can do to minimize discriminatory practices. Secondly we also need to determine the role played by HRM in discrimination. Diversity of workforce is one of the unique features of American corporate world. In addition, human resource managers are
Age Discrimination in Employment Act (ADEA) bans age discrimination in hiring and firing of employees. The act specifically states that an age limit on any occupation may only be specified in the rare circumstance where age has been proven to be a bona fide occupational qualification, which is not the case of Paul Schwager. But Schwager is clearly the poorest performer of this organization undergoing reorganization, regardless of his age.