Age Discrimination in Employment - Research Paper Example

Age discrimination in Employment Introduction Age discrimination is one of the primary issues that affect employment and workplaces. Though it has been described differently, it means treating or handling a person less favorably because of their age (Sergeant, 2013). According to Barinka (2014), it engrosses exposing a worker who is above 40 years old to discriminatory deeds in relation to his or her employment. However, just like any other discrimination in the workplace, age discrimination is regarded as unlawful (Sergeant, 2013). Age discrimination in employment was acknowledged recently as a form of discrimination in workplaces. However, this lack of recognition of age discrimination relates to the fact that the matters surrounding it are not succinctly apprehended. For instance, most of the forms of discrimination in workplaces are grounded on historical biases against a specific recognizable group such as women and ethnic minorities; nonetheless, age does not define a specific or recognizable group. Reasonably, age is a range along which differences between people are frequently elusive and relative (Sergeant, 2013). Additionally, while sex or race prejudice may be grounded on dubious presumptions about the capability of an employee to carry out a task, not all the distinctions regarding age may be prejudiced (Sergeant, 2013). Mental and physical capabilities can lessen with time, but not at a similar rate among all the people. The physical and mental distinctions between the aged employees and the tasks requested to carry out means that some people are capable of doing the job while the others are not (Sergeant, 2013). Since age discrimination is seen in almost all organizations, there is legislation in distinct states to safeguard individuals against prejudice. New Mexico State has numerous laws and regulation set to protect people against age prejudice (New Mexico State Bar, 2014). This paper discusses employment age discrimination and its legislation with reference to New Mexico State. Age discrimination at workplace Age discrimination can be described as either direct or indirect (Sergeant, 2013). Direct age discrimination is described as a less favorable treatment because of a person’s age (Sergeant, 2013). This occurs when an aged individual is not considered for a job position because they are deemed outdated or not up to date with the present technology when compared with a young person. On the other end, indirect discrimination refers to the selection criteria, policies, employment rules, benefits, rules and other practices that if adopted have the effect of disadvantaging some people of a particular age (Sergeant, 2013). For instance, it would be discriminatory to require an old person to pass a given physical fitness test, which many or almost all young people are likely to pass, especially when the physical requirement is not an essential requirement for the job. In New Mexico’s case, the state experiences numerous cases of age discrimination against the older generation (New Mexico State Bar, 2014). Though employees in the state may not be discriminated directly in the workplace, you cannot miss numerous job adverts that require employees of a certain age. According to a report by the Bureau of Labor statistics, the rate of unemployment among the aged is almost similar to that of the youth. Though the cases of age discrimination in the state may be there, there are few cases that are reported to the authorities (New Mexico State Bar, 2014). This is because it is challenging to prove that a person was laid down by the company simply because of their age. For an individual to win such a case, he or she should be above 40 years old and should show that he or she was gravely affected by an employment action or that the employer did such an act because of their age (New Mexico State Bar, 2014). One of the recent cases of age discrimination at workplaces is that of two electricians who were denied employment because they were seen as too old by the WESODI U.S. Equal (Employment Opportunity Commission, 2013). The company had rejected their applications and instead awarded the jobs to two young men (Employment Opportunity Commission, 2013). Additionally, Target Corporation, which has operations in New Mexico State, has been accused of discriminating employees by forcing out older employees (James, 2007). Age discrimination legislation Since age discrimination is an emerging issue in job places, numerous states and countries have enacted laws and regulations to prevent discrimination against an individual on the basis of age. In United States, the Federal Age Discrimination in Employment Act prohibits the prejudice against an individual on the basis of age (Barinka, 2014). In New Mexico, the federal and state laws and Equal Employment Opportunity Commission prohibits employment age discrimination (Employment Opportunity Commission, 2013). Under the federal and state law, it is unlawful to prejudice a person on the basis of gender, nationality, age, ethnic origin, social condition, health and religion (New Mexico State Bar, 2014). The complaints on age discrimination are directed by the New Mexico Human Rights Act of 1969 and the Equal Employment Opportunity Commission. The state has established the Alternative Dispute Resolution process that stresses on conciliation and mediation between the aggrieved and the aggressor. This technique is encouraged since it reduces the costs involved in investigations (Employment Opportunity Commission, 2013). Constituents of Age Discrimination There are numerous factors and actions that are deemed discriminatory by legislation across nations. Age discrimination can be manifested through biased comments, which are the most apparent signs. Biased comments can be seen through how the boss or supervisor addresses the person. For instance, it is age discriminatory to address a person as “old man”, “grandpa”, “grandma” or to tell such a person that their best days are past (Sergeant, 2013). This is deemed as direct discrimination against an employee at the workplace. Age discrimination is also evident in the way employees are treated in the organization. The young and energetic can be treated differently from the older employees (Sergeant, 2013). For instance, the young can be given lower targets while the older get higher targets. Additionally, the old can be punished for the action while the young are not. Additionally, age discrimination is present if the young are favored. For instance, the young employees can be promoted to a higher position, which all employees applied and were not considered (Sergeant, 2013). The aged employees too can be excluded from important meetings and the young employees given leads and better equipment. Age discrimination is also seen in a situation where a prospective employee is turned down on the basis of their age, and the job given to a less young job seeker (Sergeant, 2013). Effects of Age Discrimination Age discrimination creates artificial restrictions for everyone. For the older workers, age discrimination affects their hiring, recruitment, training, career development and working conditions. For the employers with baseless biases against older employees, it is a loss of experience and efficiency for the organization (Sergeant, 2013). In New Mexico, age discrimination affects the productivity of an organization and may lead to heavy fines such as those that WESODI faced. Exemptions to Age Discrimination There are numerous cases when an employer can exercise age discrimination and not be against the law (Sergeant, 2013). The first exemption applies when employing an individual of a certain age to offer personal or domestic services at the residence (Sergeant, 2013). This may engross the instruction, supervision and care of children or disabled people. For example, a person of a given age is needed to help an individual in their home with showering, toileting and rehabilitation. The second exemption applies in situations where a certain job such as modeling, entertainment, artistic performance or photography require a person be of a certain age for reasons of credibility or authenticity (Sergeant, 2013). Additionally, an employer is exempted from paying the young according to their age. Lastly, an employer is exempted from age discrimination if he promotes people in a given age bracket with a given attribute if he or she does it to empower them in a society that discriminates them. For example, an employer’s actions to promote the youth in a society where the youth are deemed as inexperienced is lawful (Sergeant, 2013). Conclusion Age discrimination against employees is frequent across states and nations. Age prejudice affects the aged and young applying for jobs, when being recruited, trained and promoted. Age discrimination, just like the other forms of prejudices in employment, is unlawful and harmful to the company. Direct employment age discrimination manifests when a person is treated less favorably while indirect discrimination occurs when policies and rules in an organization are not favorable to people of a certain age. Though there are laws prohibit age discrimination, it is difficult to prove age prejudice in employment in a court of law. However, there are scenarios where an employer may be exempted from age discrimination such as hiring a person of a certain age to offer personal or domestic services. References Barinka, A. (2014, September 12). Old and Fired at IBM: Tech Trendsetter Changes the Game, Guards Age Data - Businessweek. Retrieved from http://www.businessweek.com/news/2014-05-12/old-fired-at-ibm-trendsetter-offers-workers-arbitration Sargeant, M. (2013). Age Discrimination in Employment. Gower Publishing ltd. James, B. (2007, January 27). Target Accused Of Age Discrimination - Law360. Retrieved from http://www.law360.com/articles/17096/target-accused-of-age-discrimination New Mexico State Bar. (2014, January). Employee Rights - Title VII. Retrieved from http://www.nmbar.org/Public/publicpubs/employeerightsTitleVII.html U.S. Equal Employment Opportunity Commission. (2013, August 4). WESODI Agrees to Pay $90,000 to Settle EEOC Age Discrimination Lawsuit. Retrieved from http://www.eeoc.gov/eeoc/newsroom/release/4-8-13d.cfm Read More