These include asking for the applicant's date of birth or age. As a result of such inquiries deterring older people from applying for employment or the inquiries indicating a possibility or intention to discriminate against a person based on their age, any requests for age information that are made are closely scrutinized to ensure that the requests were made for a purpose that is within the law and not for purposes that are prohibited by the ADEA Henry & Jennings, 2004()
The Older Workers Benefit Protection Act of 1990 (OWBPA) amended the ADEA and specifically prohibits employers from denying older employees any benefits that they are entitled to. The U.S. congress recognized that the benefits that are paid out to older employees are in most cases more than the benefits that are paid out to younger workers. Also these benefits which are greater for the older worker usually act as disincentives to companies hiring older workers. Therefore under certain limited circumstances, a company or organization or employer can be allowed to reduce the benefits paid out to employees based on their age. This is done as long as the reduction is equal to both the older workers and the younger workers Henry & Jennings, 2004()
Employers are also allowed by the ADEA to coordinate health benefit plans for retirees who are eligible for Medicare or a state-sponsored health benefit which compares to Medicare.
The ADEA provides some waivers to employees. One is that an employer can ask an employees to waive their claims or rights under the ADEA either during the settlement of an administrative claim or court claim under the ADEA or in connection with a program which provides incentives for exit or other programs towards employee termination Henry & Jennings, 2004()
The ADEA as it was amended by the OWBPA, however, sets out certain minimum standards that must...
For a waiver to be valid, it must be in writing and be easy to understand. Secondly, the waiver needs to be written specifically in reference to the ADEA claims or rights. The waiver must not waive any claims or rights that may come up in the future. Fourth is that the waiver must be done in exchange of a valuable consideration. The waiver must also advise in writing that the individual should consult with an attorney at law before they embark on signing the waiver. Lastly the waiver must give the individual a minimum of 21 days to think over the agreement and a minimum of 7 days to revoke the waiver after placing their signature on it Henry & Jennings, 2004()
In conclusion, many companies and organizations have come to obey the ADEA (Age Discrimination in Employment Act) which has been in force and forbids any form of age discrimination against people who are above the age of 40 years. Some states also have laws that protect the younger people from age discrimination. This has helped workplaces to provide fair environments for workers and to prevent any form of discrimination in the workplace.
References
Henry, E.G., & Jennings, J.P. (2004). Age Discrimination in Layoffs: Factors of Injustice. Journal of Business Ethics, 54(3), 217-224.
Kaye, D. (1982). Statistical Evidence of Discrimination. Journal of the American Statistical Association, 77(380), 773-783.
Kirkpatrick, G.R., Katsiaficas, G.N., Kirkpatrick, R.G., & Emery, M.L. (1987). Introduction to critical sociology. New York: Irvington Publishers.
Nelson, T.D. (2004). Ageism: stereotyping and prejudice against older persons. Cambridge, MA: MIT Press.
Quadagno, J. (2008). The field of social gerontology. New York: McGraw-Hill.
