Age Discrimination: A Global Impact
The American population is rapidly aging and more workers are putting off retirement.
Some workers don’t feel that they are ready to scale back and some workers are unable to because of poor financial planning. Whatever the reason, older workers make up a significant portion of the workforce. Because of this, the rate of age discrimination claims has risen dramatically. This paper will seek to examine a recent age discrimination case, assess the outcome, determine the stakeholder impact, and provide recommendations for improvement.
Further, this case will be viewed through a global lens to determine how international diversity regulations should be considered.
Company Background
Stack Brothers Mechanical Contractors, Inc. (Stack Brothers) is a private commercial plumbing and heating operation based in Superior, Wisconsin (“About Us”, 2016). Stack
Brothers installs, repairs, and maintains heating, ventilation, and air conditioning systems, as well as handles plumbing contracts for large projects at local universities, shopping centers, and housing developments (“About Us”, 2016). Stack brothers maintains between 50 and 100 service employees and sees annual sales between $5 million and $10 million (“Stack Brothers
Mechanical Contractors Inc”, 2016).
Case Summary
According to the U. S. Equal Employment Opportunity Commission (EEOC) (2015),
Stack Brothers discriminated against two long-term employees based upon age. The owner told
employee
First, Age discrimination is a very common reason why some people are not employed. However, there are laws in place that prohibits this kind of discrimination. Miller gave an explanation on the about age discrimination act (ADEA) of 1967, it prohibits employment discrimination on the basis of age against individuals forty years of age or older (Miller,2013).
Age discrimination in the workforce is a major issue in Today’s society. Although this is hardly ever mentioned, it is a concern that affects the aging population and their work performance. Those who are of old age are often not given a chance and looked down on. They are thought of as being mentally and physically in decline, less adaptable, unwilling to be trained, and costly to the organization. The elderly are considered “slow workers.” They are often forced to work extra hard to prove to their employer, they are capable of working as effective as the young. Defining someone’s work performance according to their age is against the law. The Age Discrimination in Employment Act (ADEA) addresses discrimination against the older population. This Act was passed by congress to ensure people of age 40 and older are given fair judgment in the workforce; however, the maturing population of baby boomers has led to an increasing number of elderly workers. This has cause age discrimination to rise. It is important that we review and analyze age discrimination has a political issues that must be changed. Although ADEA sets out to help the aging population, changes should be made within the employer. In order to seek change, one must first understand ADEA and how it promotes fair treatment for the elderly.
In today’s society, individuals are discriminated against and treated unequally or harassed due to their race, religion or sexual orientation. Many believe that discrimination only comes in those forms. However, older adults are prejudiced and discriminated against; this is called ageism (BOOK REF). The Ontario Human Rights Code, says that older persons have the right to be free from discrimination in healthcare. Unfortunately, this is not that case as age is considered a factor when health professionals treat older patients (REF). The article written by Aaron Derfel for the Montreal Gazette in November 2015, takes a look at elders being turned down for surgery due to their age and have to turn to a private surgeon. The article focuses on Dr.
I declare that this submission is my own work with respect to plagiarism and does not violate any copyright laws.
The Age Discrimination in Employment Act (ADEA) is the federal law governing age discrimination. It was ordered in 1967 to advance the work of more seasoned specialists in view of capacity as opposed to age, avoid discrimination, and help take care of the issues that emerge with an aging workforce. The ADEA precludes a business from refusing to contract, firing, or for the most part discriminating against a delegate age at least 40 prepared, only on the start of age. Along these lines, a business can't deny a delegate pay or fringe benefits when the main support is age. Nor may a business portray delegates into gatherings of an age group in a way that outlandishly precludes workers from claiming work openings. For instance,
In regards to the City of Tampa giving higher raises to the employees under 40 received raises of more than 10 percent while less than half (45.3 percent) of those over 40 did. Second, the average percentage increase for
The person at the counter wouldn't let customer two get food because he is black. The person at the counter has committed a civil rights violation.
What is discrimination you ask? Discrimination is the unjust treatment of different categories of people or things. The 3 things that I’ll talk about is race, age, and gender.
In 2004, Jack Gross, was demoted from his senior level high paying job at FBL Financial Group, Inc. That year the small claims court of circuit eight granted Mr. Gross 46,945 dollars for age related discrimination. Then in the fall of 2009 the US Federal court of appeals conducted a federal review. The appellate court found that the jury did not have proper instructions, and found that the plaintiff did not submit direct evidence. So, the court reconvened. Then with modifications to Age Discrimination in Employment Act (“ADEA”) FBL was found not guilty. What is most relevant now is there have been modification to ADEA. While a judgment has not occurred yet, the exploration of the sitting evidence and the other relation to other like cases
The ADEA is administered by the EEOC, and similar in most respects to the Civil Rights Act. Both disparate treatment and disparate impact charges are possible. The Act protects workers 40 years of age and older. A 45-year-old who applies for a job and is rejected in favor of a younger worker can claim disparate treatment. The employer will then have to show that the younger worker was better qualified or provide some nondiscriminatory reason for its decision. An employer could argue that it paid a newly hired younger worker more than an older current employee because this was necessary to attract the younger worker to the job. In disparate impact cases, employees must show that the entire protected group (workers 40 and older) is affected by the employer’s practice and not just some part of the protected group (workers over 60, for example) (Player, 14).
then prevailing in federal age discrimination cases, the court concluded that Baker did not present “direct evidence” that age was a motivating factor in her termination. The court also determined that Baker failed to raise a genuine issue for trial about whether Silver Oak’s stated reasons for firing her were a pretext for age discrimination. On Baker’s claim that she was fired in retaliation for her opposition to age discrimination at Silver Oak, the court held that Baker did not engage in protected activity.
“Any more recent employment history, Jake? Eliot has been out of business for twenty-five years.” Is this a reasonable question? Explain.
My topic of discussion will consist of an analysis on the subject of Age discrimination. Age discrimination generally is discriminating on the basis of age, which is illegal under the Federal Age Discrimination in Employment Act (ADEA), and the California Fair Employment and Housing Act (FEHA).
To critically and comprehensively address this case, it is convincingly important to assess the laws that forbids age discrimination and wrongful termination in workplace. Under the law, age discrimination can involve treating an employee or applicant less favorably because of her or his age. In accordance to the “Age Discrimination in Employment Act, it is unlawful to discriminate an employee on basis their age. The law is categorically clear that an employer not discriminate individuals who are 40 years old and above (Walsh, 2013). It should be noted that the Act provide for protection for the people/workers below 40 years. However, some states in the United States have laws in place that protect young employees against age discrimination. It is unlawful or illegal for employers or any other entity to consider hiring/favoring an older worker over the younger one. This withstands even if both employees are 40 and above. The law strongly prohibits age discrimination in any aspect of employment including firing, hiring, pay, promotions, job assignments, trainings, layoffs, benefits, and any other condition or term of employment.
Our group research is based on age and gender discrimination in the workplace which involved study in men and women, also level of age between 18 years old until 30 years old and 31 years old and above years old. We have conducted a survey based on questionnaires which were given to 20 respondents with ratio; 10:10 of male and female; 10:10 of level of age between 18 years old until 30 years old and 31 years old and above years old; who are currently employed. Through the research that we have done, we conclude that some of the respondents have experienced age and gender discrimination.