Age Discrimination in Employment Act

Age Discrimination In Employment Act

Table Contents

In Business Law Age Discrimination in employment Act of 1967 is defined as a federal decree that excludes age discrimination performs against employees who are 40 and older. As we know it refers to discrimination against employees or prospective employee based on their age. Age Discrimination suits are now the fastest-growing cluster of discrimination complaints filed with the United States Equal Employment Opportunity Commission. In 1967 congress passed the Age Discrimination in Employment Act (ADEA), the worry was that older workers were being discriminated against in hiring. The ADEA , itself have a unequal impact on the older employees of age forty and above. We have a very competitive job market now, and because employers are not only looking at the experiences of a candidate, they also look to see if the applicant may have physical attributes that may prevent them from hiring. One common area would be having gray hair. Times are shifting for the work force and above age forty, requires more expert skills.
Companies are receptiveness and moving into the 20th century era. With these new developments, it includes computers, email, and the Internet to be more competitive in the market. In the earlier years it used to be you could not advance; because of the glass ceiling. Now that things have shifted it more like the gray ceiling. The aged work force must take personal accountability in job pursuing, because looks can be an advantage or disadvantage. Being experience is no longer a requirement for a job offer.

The U.S. congress passed the ADEA, to protect workers of forty years old and above during the hiring phase. Yet research shows ten percent of the claims involve the hiring process, the other ninety-percent is unlawful release. Being in the workforce, I can relate to many people filing suits after being fired versus not being hired. In my opinion it’s easier to prove a case for dismissal rather than thinking you were discriminated against while being interviewed.

As you know, we live in a highly competitive job market. Things within a company may change within a month. Companies have to continue to advance to the next level to be more competitive. The position I currently have, my development teams, stay developing so we are the most competitive software in the field. If you think back to a few years these thing were not important. When computer first hit the market they were so expensive to purchase and the software as well. I work for a small company and when they first got started they said they did everything from maintaining software, doing support. Well they quickly learned that developing and support was a clashes. They wanted to hear the feedback from clients as to the enhancements they needed, but had to hire someone to handle that aspect of the business so they could develop. With that being they hired young college students who were computer savvy and could handle supporting clients nationwide. This trend has continued presently. All of our support staff is in their twenties, fresh out of college or still active. The older people are more the management team and coordinators of the business.
In my opinion I do believe with the technical job requirements has largely impacted the vast unemployment rate with the older employees. If you are older and unable to adapt to change this is easy way for you to be filter or retired out. Today most senior and, mid-level executives are more skilled with high tech machines and software than their colleagues of years ago.. Technology is changing so vastly that it is almost intolerable for senior employees to keep up-to-date on the newest versions of software, and computers. I can say I experience this issue a number of times working with senior clients while training. It’s as if when they get the hang of it something has advanced and it a new way to use it. I have clients who become very frustrated with our software at time. They spend more time trying to create the reports versus being able to get out with younger colleagues who are out selling. With this new wave some companies don’t want to weed out their seniors and provide aid of a company-training program. In my opinion, I truly believe that this is some a set up. What I mean by that, a lot of seniors are so against change the trainings are so over the top and they feel eliminated and afraid to ask questions. Younger and more technologically-advanced employees are behind you in the divisions to fill the positions of not up to date senior employees. By law companies have the add accountability to keep older employees informed of change if not this could lead to an age discrimination lawsuit. If jobs positions open up with in a company, older employees have to have the equal opportunity to bid on the opening rather than a selective process.

Businesses now have an opportunity to address the issue of change in the workplace. By being delicate and not step on seniority rights. In most position individual work hard to get seniority with a company. This understanding from employer’s can result in a severance package or other assistances. Severance packages are used when there is a change in management or financial recession. These packages must be fill all legal requirements, which must include some of the following:

Be part of a written clearly understood agreement.
Refer precisely to ADEA rights or claims.
Apply only to legal rights or claims before the effective date of the waiver.
Offer something of value beyond what the employee will already receive.
Advise the employee in writing to consult an attorney. Allow the employee 21 days to consider the agreement, or 45 days if the waiver involves exit incentives offered to a group of workers.
Allow a period of at least seven days during which he employee can revoke the agreement. (www.hr.com)

If an employee is fired, the employee must believe that the employer fired them based on their age. A Prima Facie Case must be proven to proceed. Prima Facie means evidence before trial is sufficient to prove the case unless there is significant inconsistent evidence presented at trial.
An employer may present his case in a several ways why an employee was terminated. Lastly, the discharge or otherwise discipline an individual for a good cause. The EEOC require that a rational factor be job-related. (http://dictionary.law.com ) (Business Law 519)

Economic concerns are other reasons a company may want to terminate employment with senior personnel. Employees with a high tenure make more money than their younger colleagues, and are inviting target for a company to trim the largest down. When a company is considering to layoff personnel as a result of a decrease in force, they must be careful. The employer must ake into consideration salary and seniority. These two components can be linked together therefore; seniority becomes a representation for age. A termination based on economic factors may establish impermissible discrimination. If an employer needs to consider layoffs they need to confirm that decisions are reached in a reasonable and fair way. Once a former employee whose status is laid-off the company must ensure they are notified of future vacancies and their right to file a discrimination lawsuit if not rehired. If the employer is at an deadlock of who to rehire or terminate among equally qualified individuals, using seniority to solve the decision will help them avoid age discrimination lawsuits. (Business Law 519)

Companies have a great responsibility taking care of their personnel and hiring potential workers in a fair and equitable manner. We may feel there was age discrimination in the hiring process, but how can we control what the interviewer thinks and perceives? There is a certain amount of responsibility all candidates must have to lessen the chance that age discrimination will factor into the hiring process. Just because you may be old, and look old doesn’t mean you no longer have control of the hiring process.

What can an overweight, gray haired, unemployed, white male, with sixties-style person do to lessen the potential of age discrimination? Human Resource managers are always looking for the right person to fill positions within the company. The old saying of "Clothes makes the person" is not unreasonable. The first impression of a hiring manager is the visual information from the prospective employee and how it is packaged.

The last part we have no control over would be gravity. Yes, a law this course does not cover but is universal for all. Keeping a daily or weekly schedule of toning the muscles can greatly reduce the signs of aging. A muscle ignored when lifting weights or running is the one between your ears. If you want to be more competitive in the technological changing environment you must try to stay abreast by reading or going back to school. Diplomas or certifications will propel you to the top of the "to hire" stack.

Technology is advancing at an alarming rate, and places a demand for companies to change or be left behind. Companies that listen to internal input of senior advisors may be more prone to stay at the top of technological curve rather than adding new employees with "know-how" but no experience. An older employee may have snow on the roof, but it doesn’t mean their fire is out.
In conclusion should be educated or young people on selecting positions that are rational as you become older? With the advance wave and continued demand to stay competitive how secure is your position? These are questions that should address in early years. We have so many older individuals who are further their education but often wonder how adequate will their certificates will in the future
Anonymous said...
It is quite true that there is rampant age discrimination in high tech, partly b/c of cultural prejudice in the industry, partly because of the cutthroat drive to keep wages and health care costs low. I'd like to see more investigation into how this is affecting young people's career choices. You hear a lot about how young people aren't going into engineering because of weak math education, but I think it's mostly because many young students see the writing on the wall, and very rationally choose a career where they won't be layoff fodder at forty. My husband is a EE/ME, and I am a software engineer, and we are discouraging our kids from choosing tech because they really need a career that will last them their working lives. We personally know many high school and college students who shun