Age Discrimination Case Study

Improved Essays
My father several years before he became ill and passed away wrote for the Veterans of Foreign Wars monthly paper. His last article was in November of 2011. He was replaced by a recent graduate from college. It was during the year a new VFW President was being elected. . During this time I experienced defeat in my fathers face. My father had long since been retired and needed the activity to get out the house to meet with people and write He was a photojournalist for more than 50 years and writing was his livelihood. “The Age Discrimination in Employment Act (ADEA) is the federal law governing age discrimination. It was enacted in 1967 to promote the employment of older workers based on ability rather than age, prevent discrimination, and …show more content…
It does not protect workers under the age of 40, although some states do have laws that protect younger workers from age discrimination. The Law prohibits discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. It is unlawful to harass because of age, and this would include the opportunity to promote demoted or fired due to age.” ( US Equal Opprortunity) The law applies the ADEA Act applies to employers who have 20 or more employees that include the state and federal agencies. The ADEA also protects against apprentice programs, job notices and anyone that feels, they were discriminated against based on there age, on the job that was being performed, there must be proof that the age was the cause for the outcome. It is unlawful to harass a person because of his or her age. This can include remarks that are offensive to the person’s age, and can create adverse reactions that can start as simple teasing to isolated incidents and become more frequent in nature to hostile. This can lead to employees being fired or demoted from their …show more content…
The resume only gives the partial look at what the potential candidate can offer. Age is just a number, not a determinant of the applicants abilities When you are young, there is a confidence that has an “I can do anything value.” When you are over 40 there is a silent confidence in oneself and wisdom that can be heard through communication and patience. “Since 2010, there has been a record amount of laws suits that have a negative impact on the employee and the company itself. Creating a healthy work culture and environment for employees can encourage diversity and discourages employment discrimination in any form by following positive and anti discrimination environment is necessary for success. By eliminating the circumstances when choosing a candidate by experience and possible selection for open positions, and looking past the age and knowledge of the applicant, it can deter discrimination or harassment Respecting the policy and procedure can deter conversations that may be misunderstood as discrimination.

Conclusion Employers need to adopt several serious guidelines for the prevention of discrimination in the workplace. The Age Discrimination in Employment Act (ADEA) only forbids age discrimination against people who

Related Documents

  • Improved Essays

    Which has caused this company to increase its diversity in hiring more females but I do not see much of an age diversity however that will probably change soon as well because in the tech industry it is not about age or education but their applicable knowledge that usually gets the…

    • 852 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Task 310

    • 597 Words
    • 3 Pages

    LIT1 Task 310.1.5-02, 11, 13 Objective 310.1.5-02: Situation A. The Family and Medical Leave Act of 1993 does apply in this instance and the employer has not violated the act. Company X is a private sector business and has more than 50 employees, thereby being covered by the Family and Medical Leave Act of 1993.…

    • 597 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    In the case EEOC v. Insurance Company of North America, the issue was determining whether or not Mr. Pugh was discriminated because of his age. He had applied for the position of loss control representative with the Insurance Company of North America, and was not given a interview because he was overqualified. Mr. Pugh then decided to file a court case against the company for age discrimination. I can see why Mr. Pugh would file for age discrimination because he did have more than enough qualifications to get the job, and some might believe that sets them above other candidates. He did fall under the age group for age discrimination which is another reason why he might of felt discriminated upon.…

    • 260 Words
    • 2 Pages
    Decent Essays
  • Superior Essays

    In order for an age discrimination to be deemed true, “the plaintiff must prove that age was the “but for” cause of the challenged job position” (pp. 1426). The Montana wrongful discharge from employment act states that it is a wrongful discharge if an employer terminates an employee for: refusing to do something illegal, without good cause, or the employer violates their own policy. “A prima facie case is a case that a plaintiff presents that eliminates the most common nondiscriminatory reasons for the challenging of an employment decision and creates the presumption of a discriminatory reason to the decision” (pp.…

    • 1410 Words
    • 6 Pages
    Superior Essays
  • Decent Essays

    This case is about a JC Penny Employee that demanded her employer for discriminatory actions against her based on age discrimination. Zippittelli alleged age discrimination in violation of the Age Discrimination in Employment Act. Joanne Zippittelli, one of four women applying for the same position and manager James Johnson interviewed each candidate, who determined that the four candidates were qualified being trained and competent for the job. James Johnson placed third among the fourth seeking for the position and brought up the finding to his superior that time; J. C. Penny Company recruited Cruikshank as Shift Operations Manager. Suspecting not been selected for promotion, Zippittelli attributed the age and spoke with her supervisor about…

    • 116 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    The well written post of James Bowdy, is very interesting in the area of age discrimination. In his case, he is singled out and treated poorly by one particular supervisor who has children around his age. Currently, Mr. Bowdy’s only recourse is to avoid the supervisor as much as possible. This situation presents a very real dilemma.…

    • 451 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    Arguments Against OWBA

    • 94 Words
    • 1 Pages

    Older Workers Benefit Protection Act (OWBPA) was passed in 1990 by Congress. The OWBOA amended the Age Discrimination in Employment Act to provide additional protection to older workers. The act protects the benefits of older adults such as life and health insurance, disability benefits, retirement benefits and their pensions. However, things may get a little complicated because employers are allowed to adjust benefits to older adults when justified by a significant cost consideration. The OWBPA, which is part of the Age Discrimination in Employment Act, applies to workers who are 40 years and over.…

    • 94 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    LIT1 – Task 1 Fogwill. H. (2016) Western Governors University WGU Student # 000519534 LIT1 – Task 1 Major Provisions of the Family and Medical Leave Act of 1993 The Family and Medical Leave Act (FMLA) of 1993 allow employees to take a maximum of 12 weeks of unpaid time off from work while their job will be protected for them on their return. Additionally, FMLA states employees will continue to have access to their group life insurance (Department of Labor, n.d-a).…

    • 722 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Prima Facie Case

    • 718 Words
    • 3 Pages

    The cases cover age discrimination in employment Act of 1967 (ADEA), the Civil Rights Act of 1866 and 1871; Title VII of the Civil Rights Act of 1964; and the American with Disabilities Act of 1990. One of the cases mentioned in their survey…

    • 718 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Fmla Case Study

    • 1747 Words
    • 7 Pages

    The ADEA is there to protect older employees who may be looked past due to their age. It is to protect workers 40 years or older. The Act covers employees in applying, hiring, firing, layoffs, promotions, pay and benefits. It is also unlawful for employers to say they are hiring young people in their job postings. Employers are to treat older employees equal to the younger workers giving each an equal opportunity.…

    • 1747 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    The Older Workers Benefit Protection Act of 1990 is amend of the Age Discrimination Act of 1967 which prohibited employers to discriminate against older workers from employee benefits or severance. Under this act an employer may ask an employee to waiver his/her rights. HR practices such as offering benefits plans such as severance packages, and early voluntary retirement plans are affected by this legislation. Age discrimination claims are common when there is a reduction in workforce, mainly of long time employees. To encourage employers to voluntary leave, employers will often offer severance pay, under the OWBPA it insures that no employee is coerced or pressure into signing legal waivers.…

    • 238 Words
    • 1 Pages
    Improved Essays
  • Decent Essays

    Federal Discrimination Laws The Age Discrimination in Employment Act of 1967 The Age Discrimination in Employment Act of 1967, also known as the (ADEA) protects individuals who are 40 years of age and older. It protects them from employment discrimination based on their age. This act will cover an individual that is already working or is applying for a new position. The act also makes it illegal to discriminate against someone because of their age in regards to any condition, term of employment; including promotions, hiring, specific job assignments, training in the workplace, layoffs, compensation, and benefits.…

    • 189 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Age Discrimination in Employment Act (ADEA) enacted in 1967, as a federal law, governs age discrimination within workplaces (Neumark, 2008). It was enacted to promote employment of workers at the age of 40 years old and above based on…

    • 1187 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    Age discrimination in employment cannot be legally…

    • 1302 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Age Discrimination Whether they seem too old or too young, people will be stereotyped by their age and this leads to discrimination in the work place. Employers tend to categorize older job applicants as slow, fragile and unable to learn new tricks, while the view younger people as irresponsible, inexperienced and not devoted. Being denied an employment opportunity because of an inaccurate, biased opinion is simply unfair and age discrimination in employment can cause more problems than one might realize. Deciding whether or not to hire someone based upon their age and correlating stereotypes is morally wrong and will not find employers devoted, hardworking employees.…

    • 1048 Words
    • 5 Pages
    Improved Essays

Related Topics