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). ecause 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 applicant, Jim, either on the…...

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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 the work place, They contend that the law is based on invalid assumptions about age discrimination and that it has been ineffective

and mostly unenforced over the past 40+ years.

Identify points that seemed new or insightful to you:

Current economic conditions have caused over 20% of Americans over the age of 45 to postpone plans for retirement.

Employers are hesitant to hire older workers because they believe them to be difficult to train, resistant to change, less flexible and adaptable than younger workers.

ADEA…...

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 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…...

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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.

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 seeks to move them outside the company either into other divisions or out of the company altogether.
Contrasting this mentality are those manufacturing companies including Boeing, who has a culture that hires older workers based on their expertise and knowledge, in addition to process-centric expertise for making the entire company more efficient. This is common to manufacturing companies (Crampton, Hodge, 2007). The stereotype of the older worker in manufacturing is valued vs. discriminated against (Posthuma, Campion, 2009).

Conclusion

Age discrimination is a reality…...

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References

Bibby, C. (2008). Should I Stay or Should I Leave? Perceptions of Age Discrimination, Organizational Justice, and Employee Attitudes on Intentions to Leave. Journal of Applied Management and Entrepreneurship, 13(2), 63-86.

Suzanne M. Crampton, & John W. Hodge. (2007). Age Discrimination and Downsizing. The Business Review, Cambridge, 7(1), 341-347.

Shari McMahan, & Dominick Sturz. (2006). Implications for an Aging Workforce. Journal of Education for Business, 82(1), 50-55.

Posthuma, R., & Campion, M.. (2009). Age Stereotypes in the Workplace: Common Stereotypes, Moderators, and Future Research Directions. Journal of Management,

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 situations whereby an employee is offered some money through retirement plans as incentives when they are leaving accompany.in such a case the company will not be terminating an older worker and hence in theory will not be held liable under the ADEA. Many companies might also request older workers sign waivers which will relinquish the right to later questions any plans of filing age discrimination actions. Once a waiver is signed and a worker accepts the benefits under the plan…...

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References

Bennett-Alexander, D.D., & Hartman, L.P. (2009). Employment law for business (6th ed.). New York, NY: McGraw-Hill.

" (DiCesera, 2002)
WHAT SHOULD BE DONE by FIMS

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 HM in discrimination. Diversity of workforce is one of the unique features of American corporate world. In addition, human resource managers are required to understand the importance of developing a discrimination-free perspective in order to make policies more effective. ecruitment, screening, interviewing and performance appraisal are some of the primary responsibilities of Human esource personnel in an organization. It is from this department that discrimination arises and plagues the entire organization. However, the organizational policies play an important role in why H managers behave the way they do. If a company does not have clear anti-discrimination policy, H mangers might not even…...

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References

Joseph W. Coleman, William M. Slonaker, Ann C. Wendt. Employment discrimination is sex-blind. Journal Title: SAM Advanced Management Journal. Volume: 58. Issue: 2. Publication Year: 1993. Page Number: 28+

Marc Bendick, Mary Lou Egan, Suzanne M. Lofhjelm: Workforce Diversity Training: From Anti-Discrimination Compliance to Organizational Development. Journal Title: Human Resource Planning. Volume: 24. Issue: 2. Publication Year: 2001. Page Number: 10.

Samuel E. Hill, Paul H. Norgren, Toward Fair Employment: Publisher: Columbia University Press. Place of Publication: New York. Publication Year: 1964

Ronald R. Sims, John G. Veres. Human Resource Management and the Americans with Disabilities Act. Publisher: Quorum Books. Place of Publication: Westport, CT. Publication Year: 1995.

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. True, Schwager introduced statistics to show that the average age of the employees retained was 35 and the average age of employees discharged was 45.7. But to prove his case, he would have to show that of the individuals fired, many had higher job performance ratings than those younger workers whom were asked to stay on in their employment capacities, and that the jobs the older workers fulfilled were similar to those of the younger employees who were retained. (EEOC…...

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Works Cited

EEOC. (2005) "Federal laws prohibiting discrimination. Questions and Answers." Official EEOC website. Retrieved 11 Feb 2005 at  http://www.eeoc.gov/facts/qanda.html

It was after a lot of concern expressed in this matter and after a long legal and judicial consideration that the legislature passed the act.
Legal Enforcement

The U.S. Equal Employment Opportunity Commission is the authority that enforces the legislation on age discrimination namely the 'Age Discrimination in Employment Act of 1967 - ADEA'. This act is designed to protect individuals who are about forty or above years of age the ADEA's stipulations apply to those in employment and those applying for one. Prior to the law, a number of rulings by courts created the backdrop for passing of the statute. It is therefore important t consider in depth the working of this commission.

The U.S. Equal Employment Opportunity Commission -- EEOC

The U.S. Equal Employment Opportunity Commission -- EEOC was instituted as an 'independent federal agency' in 1964 with the main responsibility of enforcing the Civil ights Act of 1964. The power…...

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References

Dipboye, Robert L; Colella, Adrienne. (2005) "Discrimination at Work: The Psychological and Organizational Bases" Lawrence Erlbaum Associates. Mahwah, NJ.

Escobar, Benjamin N.A. (n. d.) "ERISA Discrimination Claims May Complicate an Age

Claim" Retrieved 10 May, 2008 at  http://library.findlaw.com/2005/Jul/22/186448.html 

Herzenberg, Stephen a; Alic, John a; Wial, Howard. (1998) "New Rules for a New

H Management Current Events eport
They Hired Someone Younger

Source (publication name or UL):

http://www.aarp.org/money/work/articles/they_hired_someone_younger.html

Bob Skladany

Publication Date: July 10, 2009.

Subject / Main Ideas / Concepts of article: A question and answer format where a woman (a widow) is applying for a job, had an excellent interview, and two weeks later was told she did not get the job. She feels it is because of age discrimination, because the job went to an applicant half her age. She wants to know if she can sue, or at least pressure the employer to change their decision.

Identify points that seemed new or insightful to you:

There were several points that were new or insightful in the article. The author is a career counselor for retirement jobs, and an expert at finding work at retirement age, and he assesses that age discrimination is extremely difficult to prove. He writes, "Proving that an employer discriminated during the hiring process…...

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References

Skladany, Bob. "They Hired Someone Younger." AARP.org. 2009. 10 Sept. 2009.

.

Many of these have been challenged throughout the years.
In fact, here have been a number of cases challenging age discrimination within this more complicated situation. In the case, EEOC v. City of Janesville an individual fought the fifty-five-year cut off age for police officers in that county (Vance 1986). Opponents of the age cut off argued that age discrimination was acceptable only in "particular business," meaning for police officers on the front line of duty, and was not acceptable in cases where police officers had moved from the field into other positions in the department that required less physical strength and fitness capabilities. However, the opposition was shot down. EEOC v. City of St. Paul was another case where opponents of age discrimination wanted to clarify that the Age Discrimination in Employment Act was not to use simple age guidelines as a way to terminate police officers, but all…...

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References

Bransford, Bill. (2012). Age discrimination vs. mandatory retirement. Federal Times. Web. http://blogs.federaltimes.com/federal-law/2012/10/29/age-discrimination-versus-mandatory-retirement/

Idaho Commission on Human Rights. (2007). Age discrimination. Human Rights. Web.  http://humanrights.idaho.gov/discrimination/age.html 

Schiff, Martin. (1993). The Age Discrimination in Employment Act: Whither the bona fide occupational qualification and law enforcement exemptions? St. John's Law Review, 67(1), 13-44.

Sloan, Eric. (2009). Police over 40: Age discrimination is now easier for your department. Examiner. Web.  http://www.examiner.com/article/police-over-40-age-discrimination-is-now-easier-for-your-department

Business Law in elation to Age Discrimination
According to the Bureau of Labor Statistics, almost 50% of the America's working population is 40 years or older. This means that Age Discrimination in Employment Act now covers almost of the American workforce employed in private sector (Neumark, 2008).

Keeping in view the current situation, in which the workforce is not graying or growing at a faster pace, employers are in search for qualified workers. They need to retain such staff that could be beneficial in coming years (Neumark, 2008).

Age discrimination simply means to put arbitrary age limits during hiring, discharging, promoting, compensating, providing benefits and good working condition, irrespective of the performance of an individual. Conversely, this policy also acts as a mean to hinder potential employees or older employees to find or retain jobs (Neumark, 2008).

The link between business, government and society

Age discrimination in employment is prohibited by state and federal laws.…...

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References

Dobrich, W, Dranoff, S. And Maatman, G, 2002, The Manager's Guide to Preventing Hostile Work Environment: How to Avoid Legal and Financial Risks by Protecting Your Workforce From Harassment on the Basis of Sex, Race, Disability, Religion, and Age, 1ST Edition, New York: McGraw-Hill.

Encel, S. & Studencki, H, 2004, Age discrimination in law and in practice, Elder Law Review, vol. 3, pp. 1-14.

Neumark, D., 2008, Reassessing the Age Discrimination in Employment Act, AARP Public Policy Institute Research Report, Washington DC.

Pierson, P., 2004, Age Discrimination: what employers need to know, AARP Public Policy Institute Research Report, Washington DC.

Moreover, older persons perform less accurately on the witness stand, the authors continue. One particular study of 51 senior citizens and 62 college students reflected the fact that the older people "forgot more details and were more easily swayed by suggestions from the people administering the test, as compared with college students" (Gaydon, 679). These seniors were not suffering from Alzheimer's or any other malady; they just didn't have a great recollection of facts. That said, when asked "very specific, non-leading questions," in many cases older people are "just as likely to correctly identify a suspect as a younger adult when properly questioned" (Gaydon, 679).

Gaydon's second point, the most germane to this discussion, relates to older people as victims in the criminal justice system. This reveals that jurors aren't the only ones to discriminate against older witnesses; in fact police officers often take the position that older people "are less…...

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Works Cited

Charness, Neil. (2006). Work, Older Workers, and Technology. Generations, 30(27), 25-30.

Cherubini, Antonio, Del Signore, Susanna, Ouslander, Joe, Semla, Todd, and Michel,

Jean-Pierre. (2010). Journal of the American Geriatrics Society, 58(9), 1791-1796.

Eglit, Howard C. (2005). Ageism and the American Legal System. Generations, 29(3), 59-65.

One of the most important things that a business can do is to document the conversations that are held between employees. Whether it is a discussion about a possible raise, a question about possible retirement or the decision to hire an assistant if the business had documented the information that was exchanged within the meetings regarding Woythal and others it would have saved everyone time in determining whether a suit was feasible and if so based on what actions from the company.

Documentation is possibly one of the most important if not the most important thing that a business can do to protect itself from liability. A paper trail allows proof and evidence of what was done and when without later having to rely on memory in a courtroom.

In addition everyone in the meeting should sign a copy of the documentation stating that they agree with its contents, or if they…...

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References

Hogan v. Wasson-Hunt, 44 (2139) G.E.R.R. (BNA) 39 (16 Jud. Cir. Ct. Mo. 2005). [2006 FP Mar]

Johnson v. St. Of Cal. Dept. Of Corr., #BC288518, L.A. Co. Super. (verdict 2005).

US labour law, at-will employment means that an employer can terminate an employee's employment any time without good cause and without any legal consequences (National Conference of State Legislature [NCSL], 2017). In other words, the employer can dismiss an employee even in the absence of reasons such as poor performance, misconduct, and economic necessity. Likewise, an employee can leave a job any time without any reason and without any legal consequences. Also, at-will employment means that an employer can amend employment terms (such as benefits, wages, and paid time off) without warning and any legal consequences. Even so, an employer cannot dismiss an employee for illegal reasons such as possession of protected characteristics (e.g. gender, race, and religion) and complaining about illegal activity, harassment, and discrimination.
Furthermore, there are exceptions to the presumption of at-will employment. These include public policy, implied contract, and implied covenant of good faith (NCSL, 2017).…...

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References

National Conference of State Legislature (NCSL). (2017). The at-will presumption and exceptions to the rule. Retrieved from  http://www.ncsl.org/research/labor-and-employment/at-will-employment-overview.aspx 

Equal Employment Opportunity Commission (EEOC). (n.d.). The Age Discrimination in Employment Act of 1967. Retried from  https://www.eeoc.gov/laws/statutes/adea.cfm

Another form of discrimination that is most evident in this scenario is age discrimination. Age discrimination has had a long history of being under litigated precisely because it is hard to monitor and to positively identify. However, it is a significant problem within the arena of business ethics because age plays a large role in the image of a resort. Managers believe that having young employees instills a sense of modernity to their establishment and therefore recruitment usually occurs for the young rather than the old. This discrimination could be occurring within the baderman island resorts precisely because it is pictured as a destination of relaxation and modernity. Golfing ranges and spas can ill afford to give the image of traditional and old-aged. However, ensuring that age is not a factor within the resort is one of the primary manager ethical concerns. In this case the quota system may not…...

1. Implementing pay equity legislation: The Canadian government can introduce legislation that requires employers to pay men and women equally for work of equal value. This would help address the gender wage gap by ensuring that women are paid fairly for their contributions to the workforce.

2. Promoting equal opportunities for women: Canada can work towards creating a more inclusive and gender-equal workplace culture by promoting equal opportunities for women in all levels of the workforce. This can involve initiatives such as mentoring programs, leadership development opportunities, and recruitment practices that prioritize gender diversity.

3. Encouraging transparency in pay practices: Employers can....

Addressing the Persistent Gender Wage Gap in Canada

The gender wage gap, where women earn less than men for comparable work, remains a persistent issue in the Canadian workforce. Addressing this disparity requires a multifaceted approach that involves government, employers, and individuals alike.

1. Strengthen Pay Equity Legislation

Expand the scope of pay equity laws to cover all sectors and industries.
Introduce stricter penalties for non-compliance and establish transparent mechanisms for enforcement.
Ensure that job evaluation tools used for setting salaries are bias-free.

2. Promote Workplace Transparency

Require employers to disclose salary ranges and job descriptions for all positions.
Encourage companies to publish....

I. Introduction

1. The role of language in shaping social status
1. Language as a marker of education and intelligence
2. Language as a tool for social inclusion or exclusion
2. The impact of language on interpersonal relationships
1. Language and power dynamics
2. Language and cultural identity

II. Body

1. Linguistic features linked to social status
1. Pronunciation and articulation
2. Vocabulary choice
2. Language and social mobility
1. Accents and regional dialects
2. Bilingualism and code-switching
3. Language policies and social hierarchy
1. Language discrimination in employment
2. Language access to resources and opportunities
....