...Abstract The effects of discrimination have been pervasive in our society for many years. Over 30 years ago, initial legislation was enacted to eliminate discrimination in employment due to race, color, sex, religion or national origin. Several years later, the Age Discrimination Employment Act of 1967 made it unlawful to discriminate against any individual with respect to his/her compensation, terms, conditions or privileges of employment due to age. However, age discrimination continues to be a problem that particularly manifests itself in the workplace. This paper is concerned with examining the origins of the discrimination that occurs in the workplace and the background of ADEA. Age Discrimination Act Discrimination against older worker occurs so often that Congress made an act to protect older workers from discrimination; this helps prevent increased unemployment for those older than 40 years of age. In 1967, congress made the Age Discrimination in Employment Act for the purpose of promoting the employment of older workers based on their ability instead of their age. This act applies to employment by public and private employers and by the unions and employment agencies, as well as foreign companies that have more than 20 workers located here in the United States. In 1967 the act covered employees between the ages of 40 and 65, the upper limit was extended 70 in 1978 and then the limit was removed completely later on...
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...Description The Age Discrimination in Employment Act (ADEA) was created in 1967, signed into law by President Lyndon B. Johnson, and forbids employment discrimination against anyone of at least 40 years of age, both employees and job applicants. “Under the [Age Discrimination in Employment Act], it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training” (Facts About Age Discrimination, 2008). In general, the ADEA applies to employers with at least 20 employees either under state government, local government, employment agencies, labor organizations,...
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...The Age Discrimination in Employment Act of 1967 was established “to prohibit discrimination in employment on account of age in such matters as hiring, job retention, compensations, and other terms and conditions of employment” (Schuster and Miller, 1984, p. 64). The act also states that discrimination is not allowed if the applicant in the age range of 40-70 years of age (Schuster and Miller, 1984, p. 64). Under the enactment of this law, a company must analyze and form a final decision based on all qualifications of the applicant, but must not judge or discriminate on the applicant because he/ she is older than 40. Implying that an employee over 40 is not capable of performing a job or that the employee is not the appropriate age to market...
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...Abstract “Regulations” centers around three important regulations examined in detail by published articles on the internet that have been based off or followed the Equal Employment Opportunity or Title VII of the Civil Rights Act of 1964. Within this paper, I will detail certain advantages and disadvantages of each individual regulation, along with personal points of preference and close examination of these historical regulations that have help shape the American work force and the counited definition that certain aspects of them have on major functions within America’s Human Resource Management force. Accompanying this paper will be personal sentiments and assessments regarding the Rehabilitation Act of 1973, Age Discrimination in Employment Act, and the Civil Rights act of 1991. Regulations Rehabilitation...
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...knowledge; however, was reluctant to hire him because of his age and physical condition. Mr. Jones placed the following comment on Smith’s application: “Is qualified, but appears to be out of the physical shape.” During the interview Mr. Jones explained he was looking for young men to fill the position and Smith’s age (forty-five) was a cause for concern. Jones also stated that if he got a haircut and improved his physical appearance, there might be a position at the customer service counter. According to Jones, the position paid slightly less but would be more reasonable for a man of Smith’s condition and age. Several days later, Mr. Jones received a notice from the local equal employment opportunity commission stating Mr. Smith had filed age-discrimination charges against him. The question is; what is discrimination and is Mr. Jones discriminating? To decide if this is discrimination we must first know the definition. Webster’s defines discrimination as the act, practice, or an instance of discriminating categorically rather than individually and, prejudiced or prejudicial outlook, action, or treatment. Clearly according to Webster’s one might say Mr. Jones is discriminating against Mr. Smith because of his age; however, he did offer Smith a different job. In the legal world, and in this case, these things are not always black and white nor does Webster’s definition always fit. The Age Discrimination in Employment Act of 1967 states, “It shall be unlawful for an employer-...
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...Employment Law Compliance Plan --------- HRM/531 July 27, 2014 Professor ------- To: Traci Goldeman From: -------- Date: July 27, 2014 Subject: Employment Law Compliance Plan This memo will describe the employment law compliance plan I made for Bradley Stonefield. He’s going to open a limousine service company named Landslide Limousine in Austin, Texas. He plans to hire twenty-five employees in the first year. This Employment law compliance plan will make him aware of most relevant employment laws and consequences of noncompliance with said laws. All employment laws federal, state and city level are designed to protect employees legal rights. They make sure employees are treated well and provide guidelines to the employers on how to treat their employees. So, it’s extremely important for an entrepreneur to be aware of laws and consequences for noncompliance. Following are some most relevant Federal, state, as well as Austin city employment laws very organization must follow: * The Equal Pay Act of 1963 * The Age Discrimination in Employment Act of 1967 (ADEA) * Family and Medical Leave Act (FMLA) * The Civil Right Act of 1964 * The Texas Labor Code Anti-Discrimination Provisions * Austin City Ordinance No. 20120426-063 The Equal Pay Act Of 1963 This act was signed into law by President John F Kennedy on June 10, 1963. This act made it illegal to pay men and women working in the same place different salaries for similar work National...
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...Age Discrimination Age shows how young or old you are to take responsibility, work pressure, giving opinions, play a sport, do an adventure, sharing experiences and doing a job. But Age never suggest that a 16 year old boy or girl is not old enough to handle pressure, or take responsibilities and a 60 year old man can’t play a sport or participate in an adventure. Many companies and employers have started using AGE as a weapon to start doing discrimination. Age discrimination means treating two people differently on the ground of their age. How can one become less advantageous just because of his or her age? If an employee doesn’t suit a job and he is asked to leave because of his incompetence or lack of knowledge or irresponsibility etc then it is legally acceptable but if a person is just not treated well in terms of payment, promotion i.e not given opportunity to grow, or is asked to leave the organization just because of the fact that he is ageing is not a lawful act. Employment Act, 1967 (ADEA) prohibits the following act against age discrimination: * Discrimination in giving job, wages, promotion. * Giving employment notices specifying the age limit. * Older employees not given benefits. * Prohibiting fixing of retirement age below 65 years. Section 623 of the Employment Act, 1967 (ADEA) describes the defense to ACT towards the Age Discrimination. It discusses the following: * With a reasonable cause, the employer has a right to discharge an...
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...Hazen Paper Co. v. Biggins 507 U.S. 604 (1993) Case Study JSale. GB41- Employment Law Professor Shawn Pattinson 1 Do you agree with the court that age and years of service are sufficiently distinct to allow for terminations based on years of service and to find no violation of the ADEA where the terminations result in a greater proportion of older workers being fired? The Age Discrimination in Employment Act (the ADEA) forbids discrimination based on age by protecting individuals over the age of forty from “arbitrary” age discrimination. Congress passed the Age Discrimination in Employment Act to “promote employment of older persons based on their ability rather than age (29. U.S.C. 621b. 1990). In Hazen Paper Co. v. Biggins, the Supreme Court of the United States resolved a split in the circuit courts of appeals and held that an employer does not violate the Act when the employer makes a decision wholly motivated by factors other than age. In Hazen Paper, the employer terminated an employee to prevent the employee from vesting in his pension. Under the employer’s plan, the pension vested based upon the employee’s years of service and was not directly related to age. The Supreme Court rejected the plaintiff’s argument, holding that “age and years of service are analytically distinct” and that it is “incorrect to say that a decision based on years of service is necessarily ‘age-based (Hazen Paper Co. v. Biggins. 507 U.S. 604 (1993). The Supreme Court concluded...
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...Act allows employees to take unpaid leave, which was the case with employee A and thus, he did not deserve to be paid the salary for the 11 weeks he was on leave. The Family and Medical Leave Act (1993), permits entitled employees to take unpaid leave of up to twelve full weeks every year after a child is born or due to a serious sickness of the employee or a close family member. The law intended to extend employment protection to workers for specified medical and family reasons, and benefit employers by alleviating their employee’s family life, thus causing the employees to become more productive, and less abstracted at work. To be eligible, workers need to work for a covered employer for twelve months, and applies to employers who have 50 or more employees. The law requires that after an employee comes back from FMLA leave, he or she should be reinstated to the same job he held before the leave. The law does not, however, entitle an employee to continue accruing seniority or other benefits when on unpaid FMLA leave, though, the employee deserves to be returned to employment at a similar level and with equal benefits as existed while the leave began. Once an employee gets reinstated, his or her pay benefits must be restored, including salary or base wage and opportunities to earn bonuses, commissions and overtime, or any other extra compensation that the employee enjoyed prior to the FMLA leave, (Guerin, & England, 2012, p. 261). Nevertheless, the benefits would be subject...
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...Age discrimination is one of the worst types of discriminations next to that of racial or ethnic discrimination. A person’s age should never be a factor in how they are treated. Once we reach the age where we can make logical conscious decisions on our own, we should be treated like everybody else. Age discrimination is predominant because the majority of this world’s inhabitants have unfair and old-fashion ideas or beliefs. .In order to help protect those who stand to be singled out and let go because of the unfairness of ageism, the Age Discrimination in Employment Act (ADEA) was designed with the older employee in mind. The issue at hand is that companies are not willing to look beyond their aging workforce, choosing instead to push them out of the technological loop rather than attempting to incorporate them as valuable assets. In our culture, the general perception is that with youth comes energy, imagination, and innovation. With age comes decreasing interest, lack of innovation and imagination, and a lessening of the quality of the person (Bennett, 2001, p. 410-411). source:laterlife.com /78%of older people have been victims of agism. older workers see themselvesas targetsfor redundancy and feel frustrated that their valuable skills are going to waste when they have so much to offer an employer. source :new york times / "older workers need not apply " reasons for discrimination : can be the perception of supervisors who often worry about how to manage older subordinates...
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...Labor and Employment Laws * As Director of the company I have studies the laws and provisions of the Family and Medical Leave Act of 1993, The Age Discrimination in Employment Act of 1967, and The Americans with Disabilities Act of 1990. I have further my research with these three laws to better understand the law and the company position in insuring correct and proper treatment of it. * These laws was create to protect employee’s rights and company values. Improper treatment of the law comes with damages to the company and trust of the employee. Each situation have been carefully analyzed by me and I’ve list my findings below with a little information about the law that pertains to the given scenario. * Family and Medical Leave Act of 1993 This Act was founded in 1993 and serves to give employees peace of mind to take leave of absent in particular family emergencies up to 12 weeks of unpaid leave during a 12 month period by law and be offer their same job on return or something equal to it, with the same pay and hours as they had before. One of these particular circumstances are the birth and care of a newborn. The spouse in this instance can take leave to care for his child. The employee meets the time with company, the law states he must be employed with the company at least 12 months and his record shows two years with the company. The law clearly states this provision does not apply to companies with less than 50 employees, and our company size is 75...
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...principal processing plant. The plant crew is primarily young with 85% between the ages of 25 and 35. It is located in Heartland Corners U.S.A. which is comprised of 50% white and 25% African American with the remaining 25% Hispanic American, Asian American and others. The company requires a high school diploma for employment on its cleaning crew and the entire crew is white. Statistically, 75% of Heartlands Corners white population has completed high school while 25% of those in minority groups have completed high school. We will look to see if the company is in in compliance with Title VII of the Civil Rights Act (CRA) of 1964 and the Age Discrimination Employment Act (ADEA) and if the company should make any changes to their policies and why those changes are necessary along with recommendations. We will also discuss how Title VII of the CRA of 1964 and the ADEA may or may not apply and how disparate treatment and adverse impact may or may not apply. There is also a reference page at the end of the paper quoting references and a grading rubric. Compliance to CRA 1964 The CRA barred racial discrimination in businesses, voter registration, and in any program that received support from the federal government. It also gave the Justice Department legal power to desegregate public facilities, including swimming pools, parks and libraries and is comprised of 21 titles. It prohibits discrimination on the basis of race, color, religion, and national origin, (La Prensa, 1997). In...
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...Task 2 – Labor and Employment Law As requested I’ve reviewed the situation for each of the employee you mentioned. I’ve detailed my findings below. Situation A I reviewed FMLA requirements to Employee A’s situation. First, Family Medical Leave Act (FMLA) requires 1,250 hours and 12 months of employment at the company (Wage, 2010). Employee A has been with Company X for two years; therefore this requirement has been met. Second, Employee A’s situation, his wife gave birth to premature twins, is eligible for FMLA unpaid according to The Family Medical Leave Act of 1993 (Wage, 2010). The Family Medical Leave Act of 1993, states employee is “…entitled to return to the same or similar position with the same benefits and rate of pay he was making before he went on FMLA” (Wage, 2010). Therefore, Employee A is entitled to return to the job he held; however, he is not entitled to payment during his leave. In summary, Company X is compliant with the Family Medical Leave Act of 1993. Therefore, Company X is not required to compensate Employee A for the 11 week time-frame he was unable to work. Situation B I have reviewed the situation of Employee B where he alleges age discrimination. Employee B is stating that he is being discriminated against when he failed to receive a promotion which he claims he was qualified to receive. His performance review from last month states his work was “above average”. The promotion was given to a co-worker who was 32 years old and...
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...based on her age. After suing the company, she was compensated with cash and upper management wrote her a formal letter of apology saying, “We regret the incident happened but we will make sure such thing will not happen again.” After she shared her story with me, I was eager to research about age discrimination because even though most of the time age discrimination occurs to older employees in a work place but young employees such us myself are also considered most of the time as inexperience and incompetent. So that whether you are old or young knowing your rights and responsibilities as an employee is very important in today’s work force. Age discrimination can also happen in a more indirect way. Sometimes a condition, rule or policy, which seems to be fair and neutral, can actually have a greater negative impact on people of a particular age. For example, a job advertisement specifying that applicants must have 15 years experience would disadvantage young people. Unless this was a reasonable requirement of the job, it would be indirect discrimination and against the law. Every body wants a fair go in life but discrimination means that some people are denied opportunities or are treated badly. This is unfair, unnecessary and against the law. Anti-discrimination legislation makes it easier to every body to get a fair go in life by telling us about our rights and responsibilities as well as establishing process for making a complaint about discrimination and resolving...
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...Situation A – The Family and Medical Leave Act (FMLA) The Family Medical Act, Wage and Hour Division, under the United States Department of Labor that was enacted in 1993,necessitates that covered employers make available to employees leave that is related to work, and also unpaid for medical and family reasons that are considered fit. FMLA applies to employers with 50 or more employees, public agencies, and schools (Ford et al 2000). An employee is qualified for FMLA if they have reached 12 months of working for their employer, have worked for 1250 hours for him or her, and works where there at least 50 workers who are working for the same employer (The Family Medical Leave Act, 1993). It should be noted, however, that the leave period should not exceed 12 weeks for a period of 12 months. The conditions which enable one to benefit from FMLA are: * The delivery of a child, either a boy or girl or the placement of a girl or boy child with the employee for taking up or adoptive care (Ford et al 2000); * The care for an intimate such as a marital partner spouse, son, daughter, or parent who is very ill or injured; * If the employee has a serious health condition or injury that makes it almost impossible to do the tasks that they should do; or * For any eligible emergency that arises out of the point that an intimate such as a spouse, son, daughter, or parent is a member of the military on covered active duty or call to covered active duty status (Ford et al 2000)...
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