Age Discrimination in the Workplace - Essay Example

Age Discrimination in the Workplace Introduction Age discrimination in the workplace has been an issue of concern in the modern society. Young employers imagine that the old people are outdated, and they will not be of value to the company. Employers believe that old people are not acquitted with the modern technology. They believe that older people will miss more work and have more medical issues. However, statistics show that, old people are the most reliable people in the workplace. Thus, the law prohibits employers of discrimination of people based on age. In most of the companies, it is illegal to discriminate people on the basis of gender. Thus, the essay critically examines discrimination in the workplace and the application of the law of age discrimination based on specific cases. What is age discrimination? Federal and state laws protect workers against age discrimination for workers who are 40 years and above. The Age Discrimination Employment Act protects workers above 40 years against unlawful treatment by the employers or fellow employees. The employer must have at least 20 employees. The employees are protected in all the stages, including retrenchment, recruitment, workplace conditions and terms, dismissal and return to work after illness (Thew, Eastman & Bourke, 2005). Consequently, the Age Discrimination Employment Act (AFDEA) is one of the acts that protect people against discrimination on the basis of age. The act prohibits the denial of benefits to the older employees. The benefits given to the young employees should also be given to the aged. Additionally, the act prohibits mandatory retirement (Gregory, 2001). In 1993, to ensure that they were no mandatory retirement, employees such as college professors phased the elimination of mandatory retirement. That means that they would leave their workplace at an age of their choice. While, at the workplace they are entitled to all the rights. Furthermore, a mandatory retirement policy was permitted to people who are 65 years and above. After retirement, they are entitled to a pension on a monthly basis. There is also a prohibition of age preference and limitations. When advertising for a job, companies should ensure that it is open to all ages not discriminating the aged by mentioning the exact age(Gregory, 2001). Companies should also not reduce the benefits of people in the workplace based on age. If the benefits are reduced, the younger employees should also experience the same. The Age Discrimination Employment Act also prohibits discrimination in promotions, wages, layoffs, and termination of employment. Four types of age discrimination Age discrimination in the workplace ranges from subtle prejudices to mistreatment. The words that a person or the reactions one portrays may show a form of discrimination. Ageism in most of the companies has been overlooked, and people see it as a normal affair. They may talk ill about the employees above 40 years and make their self-esteem low. There are four main types of discrimination; Victimization If an employee treats a person unfairly because of his or her old age that is a form of victimization. They may stereotype that the old person is not tech savvy. Employers may believe that the older person may not keep up with the younger counterparts. Their salary should not be affected because of the old age (Cheetham & White, 2006). Employers may tend to believe that the older person is on the finishing line, and he is not worth a certain job. Unfair treatment may also arise in promotion where the older person is not promoted, although he or she has the required skills. Harassment Creating non-conducive conducive working environment for the aged is a form of discrimination. An employer may create hostile, degrading, humiliating and offensive environment for the workers. As a result, they feel that they are not part of the organization, and they may eliminate themselves from the rest of the group. For an organization to achieve its organizational goals, all the members of the group should be united. Disunity may make the organization not achieve its goals. Thus, aged people are part of the group and should not be harassed by either the internal or external publics of a company. Harassment reaches a high level if one is demoted or unfairly fired because of their old age. Indirect discrimination It occurs when there is a procedure to be carried out by people of all ages, but it is not necessary. Employers may decide to introduce a physical fitness test which they are sure that older people will not manage it. The exercise may not be part of the requirement, but they may insist that they must carry it out. They may also come up with a job advertisement that cuts out people over 40 years. Indirect discrimination affects the employees psychologically. It is not easy to sue a person because of indirect discrimination because most of the times it’s not easy to determine whether it is a form of discrimination (Nelson, 2004). Direct discrimination Direct discrimination entails treating a person unfairly because of their perceived or actual age. It may also be on the basis of whom they associate with. If you mostly associate yourself with the aged one may have the perception that you are old. For instance, an employer may decide not to give you a certain job, although you have the competencies and the skills required. They may also discriminate one directly by altering biased comments(Nelson, 2004). For instance, the employer may refer to the aged person as ‘old man’ when they want to consult the aged. Federal laws that cover older workers There are two main acts that protect older worker: The Age Discrimination in Employment Act (ADEA) The Older Workers Benefit Protection Act of 1990 (OWBPA) The Age Discrimination in Employment Act (ADEA) The age discrimination act was formulated in 1967 to protect the individual who are 40 years and above. The act was formed to prohibit the employees from discriminating individuals in the workplace based on age. The act applies to the applicants and employees. It also applies to employers who have more than 20 employees including the federal government, labor organizations, employment agencies and the local and state governments. According to ADE, it is unlawful to include the age preferences or specifications in job advertisements or notices. The Older Workers Benefit Protection Act of 1990 (OWBPA) The act is an amendment of the Age Discrimination in Employment Act. It mainly focuses on the benefits of the old in the workplace. The old people are supposed to be respected and given the benefits that the young employees get. Some of the other benefits that the act focused on are the planned benefits such as insurance plans, retirement benefits, and pension schemes. The application of the Older Workers Benefit Protection Act must be the claims under Age Discrimination Employment Act. The OWBP addresses four different release scenarios. First, it addresses the release of a terminated employee who has not filed the Equal Employment Opportunity Commission (EEOC) lawsuit or charge(England, 2012). Secondly, employees who are terminated involuntarily under the reduction in force and have not filed any claim on age discrimination. Third, addresses the settlement of the disputes which are pending in the Equal Employment Opportunity Commission. Lastly, addresses the employees who voluntarily sever under an incentive program. The layoffs programs require the employers to provide adequate information about the ages of both the retained and terminated employees. The Equal Employment Opportunity Commission defines the scoop of the organizational unit. It states that the employers are supposed to examine their decision-making process and the organizational structure(Nelson, 2004). The organizational structure of a company defines how things in an organization are coordinated and the appropriate actions to be taken in every case. Thus, when dealing with the age discrimination issue, the law enforcers will have a good background about the organization. Thus, companies should be in a position to determine the employees should be included in the layoffs. Are all the aged workers protected by the law? Although the aged workers are supposed to be protected by the law, there are several exceptions. In some of the executive positions, the employees are supposed to retire at age 65. However, the law states that they are supposed to receive annual retirement pension of $44,000 or even more(Appleby, 2008). There are also other exceptions such as the air traffic control and law enforcement sector. They are supposed to be physically fit and other in order for them to perform their duties as expected. However, if one has a complaint in this sector they can enquire for more details from the attorney. Additionally, the Age Discrimination Employment Act also makes exceptions if it is an essential part of a particular work. It is also referred to as “Bona fide Occupational qualification” BFOQ(Brownell & Kelly, 2013). For instance, if a company needs an actor who should be 15 years of age, the actor must appear youthful for them to fit appropriately into that role. Additionally, if a company need fitness training or wants to come up with a professional advertisement, they will want a certain personality. Thus, if an aged person does not portray the personality he or she is not fit for the task. Forms of unfair treatment which are illegal According to Age Discrimination Employment act, it is unlawful to discriminate a person with respect to their age in offering employment positions. Additionally, and employer is not supposed to retaliate an individual for opposing the discrimination practices that are based on proceeding and testifying in a court of law(Foote & Goodman, 2011). There should also be no discrimination in the apprenticeship programs. Age limitations on apprenticeship programs are valid if they fall under given exceptions. Age inquiry should also be made for lawful purposes. Furthermore, some of the employers use the firing technique in order to prevent the employees from getting the promised pensions. The act is illegal. The Older Workers Benefit Protection Act passed in 1990 brought out clearly that employers are not supposed to terminate the older workers simply because they are too costly. The employers should look at the benefits or the profits they bring into the company and appreciate their efforts at all times. Employers are only supposed to reduce the benefits of the older workers if the same is done to the younger workers. Old workers should not be terminated from working as long as they meet the conditions required. Waiving your rights According to the Age Discrimination Employment Act, there must be certain standard to be met to consider a waiver valid. The first requirement is that the waiver must be given a period of 21 days to consider the agreement and 7 days to revoke the agreement after it is signed(Appleby, 2008). If the employer gives you a waiver that you must sign immediately, you should not sign it because it is illegal. Additionally, you must be given time to consult your attorney so that he or she proves that your waiver is valid or not. Additionally, you must receive something in exchange for signing the waiver. That is either additional benefits or a larger severance package. If you do not receive anything for signing the waiver, it is not valid according to ADEA. The waiver must be in writing and understandable. Before you leave the company, one must ensure that everything is on writing. A simple conversation with the boss is not enough evidence(Bokum & Bartelings, 2009). Everything must be written in understandable language and documented. If anything is not but in writing youhave not waived your rights. In case of any claim, ADEA may not be in position to give you the required support. If the waiver is being given to a group of individuals,the employer must clearly tell you how the class has been defined. He must give details such as the ages of the employees and their job positions or titles. As a result, you will have detailed information about how the waiver affects the employees in basis of age and the other requirements(Bokum & Bartelings, 2009). You will know how the waiver affects the aged workers in comparison to the young workers. Additionally, your attorney has to check on the validity of the waiver. Effects and remedies f age discrimination Age discrimination in the workplace may affect the overall functionality of an organization. For a company or an organization to make profits, they must ensure that there is appropriate coordination of all the activities in the organization. Disunity and discrimination may make a company not achieve its goals. If an individual is discriminated, they may not give their best in the organization. Discrimination also lowers their self-esteem, and they may not feel that they are part of the organization. Communication may not flow effectively from one party to another because of the hatred that comes up as a result of discrimination. Thus, the human resource management should be at the forefront to ensure that they fight this vice. They should improvise a technique to ensure they identify the vice and constantly fight against it. They should ensure that they understand the law enforcement on discrimination. Human resource managers should also familiarize themselves with the new subtle incarnations of age discrimination. They should be in a position to notice any veiled sarcasm and biasness that may emanate from the staff or even the overall manager. Additionally, human resources managers should be proactive by speaking to different generational groups and showing them the importance of accepting one another regardless of their age. They should also confront any issue that shows age discrimination before it gets out of hand(Hulett, 2011). Analyzing how the younger people relate to the older people is an important issue to ensure that they constantly fight against age discrimination. For the human resource managers to understand how to deal with the age discrimination issue, they must understand the acts stipulated against age discrimination. The principles of the acts such as the Age Discrimination in Employment Act should be well understood by the human resource managers(Hulett, 2011). A company will be held liable in cases of age discrimination. Thus, the human resource managers should play a role in ensuring that they protect the image of their organization. Age discrimination is an actionable offence that may be pursued by the Equal Employment Opportunity Commission. Protecting the image of the organization is very crucial if a company wants to maintain a good relationship with the external publics. In conclusion, an employer has a duty to ensure that reasonable measures are taken to prevent age discrimination in the workplace. They should not only respond to the claims that arise as a result of age discrimination but also train the employees on different values to ensure that they have respect for one another. The employer should take certain steps to eliminate discrimination which is referred to as the positive duty. Understanding employees at personal levels enables the employer to know how to deal with people of different ages. Respect for old people should be emphasized because they are more knowledgeable and have expertise in certain fields. References Appleby, G. S. (2008). Harassment and discrimination: And other workplace landmines. Irvine, Calif.: Entrepreneur Media. Bokum, N. ., & Bartelings, P. (2009). Age discrimination law in Europe. Alphen aan den Rijn, The Netherlands: Kluwer Law International. Brownell, P. J., & Kelly, J. J. (2013). Ageism and mistreatment of older workers: Current reality, future solutions. Dordrecht: Springer. Cheetham, S., & White, E. (2006). Age discrimination: The new law. Bristol: Jordans. England, D. (2012). The essential guide to handling workplace harassment & discrimination. Berkeley, Calif: Nolo. Foote, W. E., & Goodman-Delahunty, J. (2011). Evaluation for workplace discrimination and harassment. New York: Oxford University Press. Gregory, R. F. (2001). Age discrimination in the American workplace: Old at a young age. New Brunswick, N.J [u.a.: Rutgers University Press. Hulett, J. K. (2011). Age discrimination: An epidemic in America : affecting people of all ages. Bloomington: AuthorHouse. Nelson, T. D. (2004). Ageism: Stereotyping and prejudice against older persons. Cambridge, Mass [u.a.: MIT Press. Thew, P., Eastman, K., & Bourke, J. (2005). Age discrimination: Mitigating risk in the workplace. Sydney, NSW: CCH Australia. Read More