Age Discrimination
HUMAN RESOURCE Management -- BA 544
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Protecting Older Workers: The Failure of the Age Discrimination in Employment Act of 1967
Source (publication name or URL):
Journal of Sociology & Social Welfare
http://web.ebscohost.com/ehost/pdfviewer/pdfviewer?sid=9299ee55-86c6-4ee5-8518-237fd021170b%40sessionmgr13&vid=4&hid=
Jessica Z. Rothenberg & Daniel S. Gardner
Publication Date:
Subject / Main Ideas / Concepts of article:
This article critically analyzes the Age
Discrimination Employment Act (ADEA) and asserts that the legislation is unsound. The authors review the history of age discrimination in the work place, They contend that the law is based on invalid assumptions about age discrimination and that it has been ineffective
and mostly unenforced over the past 40+ years.
Identify points that seemed new or insightful to you:
Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age (Facts about age discrimination, 1997). Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment. This discussion reveals that John's stipulations for a young man to do heavy lifting is in
This is an unlawful practice. The only time when an age limit can be inserted into a job notice or advertisement is when age is shown to be a BFOQ (bona fide occupational qualification) and is necessary in all reasonable capacities for the normal operation of the role of the position Henry & Jennings, 2004() The ADEA also prohibits employers from making certain pre-employment inquiries about the job applicant. These
Experian, which combines IT for managing credit analysis and reporting, in addition to a strong finance focus, is particularly known for its internal cultural bias of choosing younger workers over older ones, with one market research manager in her 40s remarking how she excelled on a phone interview only to be rebuffed when she interviewed in person (Posthuma, Campion, 2009). Experian also is a company that as employees age
Age Discrimination In 1990 Older Worker's Benefit protection Act was enacted by Congress (OWBPA) as an amendment of section 4(f) of the ADEA. The OWBPA involves the enforceability and legality of early retirement incentive programs that are known as exit incentive programs in the act as well as waivers of rights under ADEA, and it also prohibits age discrimination when it comes to providing benefits to employees. This act particularly involves
" (DiCesera, 2002) WHAT SHOULD BE DONE by FIRMS Now that we understand what discrimination is and what are some of its various prevalent faces and forms, we need to understand what an organization can do to minimize discriminatory practices. Secondly we also need to determine the role played by HRM in discrimination. Diversity of workforce is one of the unique features of American corporate world. In addition, human resource managers are
Age Discrimination in Employment Act (ADEA) bans age discrimination in hiring and firing of employees. The act specifically states that an age limit on any occupation may only be specified in the rare circumstance where age has been proven to be a bona fide occupational qualification, which is not the case of Paul Schwager. But Schwager is clearly the poorest performer of this organization undergoing reorganization, regardless of his age.
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