Legal Enforcement
The U.S. Equal Employment Opportunity Commission is the authority that enforces the legislation on age discrimination namely the 'Age Discrimination in Employment Act of 1967 - ADEA'. This act is designed to protect individuals who are about forty or above years of age the ADEA's stipulations apply to those in employment and those applying for one. Prior to the law, a number of rulings by courts created the backdrop for passing of the statute. It is therefore important t consider in depth the working of this commission.
The U.S. Equal Employment Opportunity Commission -- EEOC
The U.S. Equal Employment Opportunity Commission -- EEOC was instituted as an 'independent federal agency' in 1964 with the main responsibility of enforcing the Civil Rights Act of 1964. The power of the commission is in enforcing the provisions of the law, of which it is the executor. The commission enforces all laws that pertain to job discrimination and workplace and employment rights. The laws that are enforced by the commission include the "Age Discrimination in Employment Act of 1967 - ADEA', 'Equal Pay Act of 1963 -EPA', 'Disabilities Act of 1990 - ADA', 'Rehabilitation Act of 1973', and the 'Title VII of the Civil Rights Act of 1964'."
The EEOC enforces all these laws and in addition coordinates the federal equal employment regulations in force. The laws enforced by the commission have a wide range of impact on the workforce, workplace procedures and employment. Following the guidelines of the commission is mandatory. The laws protect workers from discrimination and workplace harassments. The power of the commission is vast and includes "private employers, state and local governments, and education institutions that employ 15 or more individuals."
Essentials of the Law
The intention of the legislature was clear when the declaration of the Congress showed that in view of rising affluence old workers find themselves jobless or retain employment, secondly the arbitrary age limits that are set for employment regardless of potential for performance always operate to the determents of older individuals. Further the Congress states: "the incidence of unemployment, especially long-term unemployment with resultant deterioration of skill, morale, and employer acceptability is, relative to the younger ages, high among older workers; their numbers are great and growing; and their employment problems grave;" and the law is being passed to prohibit discrimination based on age in places of employment.
The basic needs that are outlined in bringing an action for discrimination under the act relates to people above the age of forty. That is the first requisite. The person must have been qualified for the post in which he or she is employed, or has filed an application to be selected. Thus age cannot be a criterion for the candidate except with a few exceptions where age can be a factor. Like a job that involves lifting heavy loads for example. "The ADEA makes it unlawful to include age preferences, limitations, or specifications in job notices or advertisements. As a narrow exception to that general rule, a job notice or advertisement may specify an age limit in the rare circumstances where age is shown to be a 'bona fide occupational qualification (BFOQ)' reasonably necessary to the essence of the business." This also goes for apprenticeships and other form of work: "It is generally unlawful for apprenticeship programs, including joint labor-management apprenticeship programs, to discriminate on the basis of an individual's age. Age limitations in apprenticeship programs are valid only if they fall within certain specific exceptions under the ADEA or if the EEOC grants a specific exemption." person can waive off some of the privileges afforded by this law, and the contract of employment can stipulate such waivers. However "the ADEA, as amended by OWBPA, sets out specific minimum standards that must be met in order for a waiver to be considered knowing and voluntary and, therefore, valid. Among other requirements, a valid ADEA waiver: (1) must be in writing and be understandable; (2) must specifically refer to ADEA rights or claims; (3) may not waive rights or claims that may arise in the future; (4) must be in exchange for valuable consideration; (5) must advise the individual in writing to consult an attorney before signing the waiver; and (6) must provide the individual at least 21 days to consider the agreement and at least 7 days to revoke the agreement after signing it. In addition, if an employer requests an ADEA waiver...
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
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