Research Paper On Age Discrimination

1236 Words 5 Pages
Business Law 2 Term Paper
Age Discrimination Act
Mark Chambers
November 19th, 2016

Age discrimination is a big problem in the workplace. Age discrimination is defined as treating a person less favorably because of their age. Due to this problem, the Age Discrimination in Employment Act (ADEA) was created to solve the problem at hand. This act prohibits age discrimination against people who are of age 40 and above. (Age Discrimination Legal Definition of Age Discrimination) The reason the ADEA was created was to have employers hire their employees based more on their abilities and skills instead of on his or her age. The discrimination results based on many beliefs about older people in the work place. One belief is that as employees
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Disparate treatment claims occur when a person claims that their employer discriminated against them because of their age. For an employee to prove to the court that they have a solid case of age discrimination they must prove four facts first. The United States Equal Employment Opportunity Commission (EEOC) enforces the ADEA. When an individual believes they have been discriminated, they must file a report with the Equal Employment Opportunity Commission. The individual has 180 days to file the complaint from the day the discrimination happened. First off the employee must be at least age 40 or above. Second, the employee must prove that they were unfavorably affected by the decision of the employer. Third, the employee must prove that they were indeed qualified for the job title. Lastly the employee must prove that they were treated differently than employees who are younger. If an employee feels that he or she has been discriminated against, it doesn’t guarantee they will have a case and or win the case automatically. (Emily Sachar – The Age Discrimination Act) …show more content…
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"Age Discrimination Legal Definition of Age Discrimination." The Free Dictionary. Farlex, n.d. Web. 20 Nov. 2016.
By Emily Sachar, AARP Bulletin, July 2013, and Kerry Hannon | Jobs Expert. "The Age Discrimination in Employment Act - Learn What to Do If You Have Been Laid Off Because of Age -AARP." AARP. N.p., n.d. Web. 20 Nov. 2016.
Http://springboard.resourcefulhr.com/author/sshimizu/. "Disparate Impact Versus Disparate Treatment – What Employers Need to Know - Springboard." Springboard. N.p., 11 Aug. 2009. Web. 21 Nov. 2016.
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