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Effects of age discrimination at work
Literature review on age discrimination
Literature review on age discrimination
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Introduction
Age discrimination occurs when one particular age group is treated differently to another age group on the grounds of chronological age. A less favorable treatment can occur, for example when a person is refused medical treatment because they are deemed too old. Also, it can manifest through the assumption that older people have a decline in their intellect due to their age, and a decline in their cognitive and physical performance. Individuals regardless of age should not be treated different than younger employees on any basis if they are equally qualified and capable of performing the same duties. The view of older people as burdens or dependents, has left an uneven playing field for those older people trying to compete in the job-market with the stereotypes and stigma of being old.
History
The Age Discrimination in Employment Act of 1967 (ADEA) was created to address arbitrary discrimination in the workplace because of age. An employer cannot fail or refuse to hire or fire an individual or discriminate against with respects to compensation, terms, conditions, or privileges of employment, because of age. Due to the concern of older workers being deprived of employment on the basis of stereotypes, congress passed The Age Discriminating in Employment Act of 1967. The law protects employees who are 40 years or older, from age discrimination.
The Age Discrimination in Employment Act of 1967 finds that in the face of rising productivity and affluence; older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs; the setting of arbitrary age limits regardless of potential for job performance has become a common ...
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...on is everywhere and it’s a stigma that needs not to be overlooked. To some being old can mean more experience, but usually these qualities are overlooked, and people over 40 are experiencing a harder than usually time finding a job. The discrimination that happens to job seekers and those currently employed over 40 is something that goes against the core beliefs that our forefathers fled for in the first place. To be discriminated against due to age, race, color, religion, and gender happens and is unfortunate, but with The Age Discrimination in Employment Act of 1967, we are one step closer to a more equal and less stereotypical society that promotes freedom to all. The Age Discrimination in Employment Act of 1967 was a great step towards the equality and freedom employees and job seekers need and deserve given to us by our forefathers.
The "2nd U.S. Circuit Court of Appeals" held that those business practices that have had a disparate impact effect on the older workers are now considered to be actionable under one national anti-discrimination law (Hamblett, 2004). The case does reaffirm a second Circuit precedent that had been set but which is at odds with what a majority of federal courts have held. The appeals court supported the idea that a layoff plan had been properly brought under the The Age Discrimination in Employment Act of 1967 (ADEA) although the company did not have the intention of discriminating.
Within business organizations, aging is something that is inevitable and unique to all people. Business practices need to be in the best interest of an organization, which is also inclusive to the employees, stakeholders, and customers in which they rely on and cater to. Best business practices, both directed and implied (regardless of the location) dictates that businesses follow and adhere to federal, state, city, and other local policies. However we needn’t look too far to see the multiple lawsuits that show continued and practiced bias and prejudice. One such incident involving discriminatory practices involving ageism that will be discussed within this discussion will revolve around a Texas Roadhouse restaurant based in Palm Bay, Florida.
A new criterion for the ideal person must be made to not include things such as sex, but to judge a person based on his or her capabilities in doing what he or she does. The question remains on the support for equal treatment based on age, which is a very controversial debate, as factors such as higher wage from experience, or even having the contemporary knowledge for a certain job. One thing is for sure though, on a common view that as people reach old age, they become physically weaker, which may cause employers to not want to hire seniors that needs money to get by, which goes to show how there are many seniors out on the streets searching through public garbage cans for recycles in exchange for a meager income - with an out of portion amount of seniors of colour in such a circumstances goes to show an obvious language barrier still prominent throughout society. What amounts to a “fair” and “equal” treatment of the
Elderly folks are eminently mature and have the finest instinct about what is right and wrong though It’s challenging to change someone’s point of view in a matter like this. When such injustice takes place, it de-motivates senior workers from their work. In an article over Ageists by Vincent J Roscigno, he states facts about different views on older Americans in general and in workplaces such as, “most of the population consists of biases and preconceptions, and the accused are unashamed in their views of older Americans. Those who believe that younger employees have much more value than senior employees are inserting a strong assumption based on their age. “Ageist attitudes and discrimination is what results in lower levels of overall organizational commitment to older workers, and a “push” out of a particular workplace.” Just because of an older employee’s depiction, such unfairness circulates in workplaces which cause false impressions of older
Age and Ageism discrimination in the National Health Service is mirrors ageism and age discrimination in society at large. It is a major fact to appraise issues of ageism and age discrimination in the United Kingdom society as a whole. “Whenever a clinical stone is turned over, ageism is revealed.” (Young, 2006, Opinion) I have come to realise that ageism is broader than the unfairness among the elderly age, it refers to deeply rooted negative beliefs about older people and the way they age, which may influence age discrimination. (McGlone and Fitzgerald, 2005, Study)
Stossel and Mastropolo’s thesis did not come until at the middle of the article when they talked about how Murray Schwartz is convinced “that older people can do the job just as well as younger people and believes that employment age discrimination laws are a crucial protection for older workers” (paragraph 11). With this issue, there are two sides of argument in this article: one is from the corporate as to why it is a necessity to fire people when they come of age, and the second one is from the workers being affected at this age discrimination. There are several people applying for jobs these days and a company attempts to fill that job with the best qualified person. If a per...
While todays workplace has progressed many people experience bias throughout their career. In an article called “Ageism and Bias in the American Workplace”, the author discusses the dominant demographic in certain lines of work. Whether by age, gender, or ethnicity some may find difficulty finding work. In this article it discusses the bias against older workers. It was found that employers were less likely to hire someone older in assumption that production would decrease resulting in a decrease in profit, but it was discovered the older workers were more long term employees. (Ageism and Bias in the American Workplace, 2015) Although Jurgis was hired quickly at the meat packing plant due to his stature, his extended family (some of the women and children) had difficulty having the same
By definition, ageism is a form of discrimination that can occur at any age. However, it is the senior population that has been distressed the most. Only a few of the man...
According to (Noe, pg 429), the Age Discrimination in Employment Act (ADEA) prohibits discrimination against persons who are age 40 or older. The Equal Employment Opportunity Commission (EEOC) is accountable for enforcing the Civil Rights Act and the ADEA (Noe, pg 429).
The fourth type of age discrimination in the workplace is unintentional age discrimination. Another name for unintentional age discrimination is “inadvertent ageism” (Anti-Ageism Taskforce, 2006). Unintentional age discrimination refers to the set of ideas, human attitudes, rules and regulation or workplace practices conducted in a workplace without knowing any biased towards older workers (Dennis & Thomas, 2006). In short we can say that unintentional ageism is practiced without the offender knowing the bias. Unintentional age discrimination is too complicated compared to intentional age discrimination. Because, the unintentional age discrimination is measured based on reasonable factors other than worker’s age. The federal anti-discrimination laws introduce unintentional age discrimination as “disparate impact” which is directly coming from facially- neutral work practices. In “disparate impact” case which is known as unintentional age discrimination, the plaintiff no need to prove that the firm purposely discriminated him or her. However, they must demonstrate that the challenged ...
The Age Discrimination in Employment Act of 1967 is an act that was passed that clearly states that employers can’t be discriminate against someone based on their age 40 and older. The older adults are trying so hard to hold onto their jobs with dear life, because if not they will be nudged out and pushed aside. Not because of anything but rather because of their age. Age discrimination is on the rise as young as 50 years old. Age discrimination can happen to anyone regardless of your race, ethnic backgrounds or sexual orientation. A study was published in the Journal of Age Ageing and in the report it said that British People 50 years old and older faces discrimination about one third of them. In a resent survey older adults says job insecurity
This strategy aims to employ workers from different backgrounds to provide tangible and intangible benefits for the business. The employers are the ones who control everything from the wage, promotions, incentives and the termination of the older counterparts. They are increasingly concerned about updated skills, physical demands, early retirement, and the cost of maintaining an older worker. Despite how employers may feel, companies cannot afford to neglect talent at any age. The employer should take advantage of the skills that the older employee posses, and carefully position them in jobs that matches their skill level as well as the job to be done. “Regardless of the change organizations make in the structure and functioning of the workplace of the future, it appears likely that older workers will play a crucial role (Hedge,Borman,& Lammlein, 2006). Different acts and laws are governed to respond to any discrimination against older employees in the workforce. Employment agencies, labor unions, local, state and Federal government are bound by these laws such as: Older Workers Benefits Protection Act (OWBPA); The Americans with Disabilities Act (ADA), Older Americans Act (OAA), to name a few. Funds for service by the Congress are provided in forms of grants for various programs yearly. States, counties, and cities recognize the value of the servicing and are generous in providing additional funds, benefits and in-kind economic benefits too. Because area and state agencies on aging are doing very little in a way to use mass media to promote themselves, the aging network is probably missing a large number of disadvantage people who should be receiving services but who are unaware of them. Much more emphasis has been placed on tying together the federal services for the older workers, but it should not have taken a federal initiative to make states see
Age discrimination has become more than a minor inconvenience throughout the twentieth century; indeed, the issue has become such a hot potato within the workplace that laws have been forced into existence as a means by which to address the problem. In order to help protect those who stand to be singled out and let go because of the unfairness of ageism, the Age Discrimination in Employment Act (ADEA) was designed with the older employee in mind.
Discrimination towards the elderly community is constantly being tolerated across the world. A definition of age discrimination can simply be put into terms as; stereotyping and discriminating against a certain individual or group of people based upon their age. Which can also be classified as ageism: defined as the prejudice against older individuals that can lead into age discrimination.The elderly community is one common group of people that are constantly being put under discrimination because of their age. Stereotypes are common at every level: in the family, in the community, in the workplace and most commonly in society. Ageism and age discrimination can be portrayed differently but remain common and prevalent throughout society. Discrimination in old age is not only based on old age alone, but can more likely based on multiple factors.This discrimination will manifest itself differently in different social, economic and cultural contexts but often is unrecognized and accepted.
Discrimination is a feasible method of making decisions in life based on the group, class, or category to which a person belongs to. “In an ideal world, people would be equal in rights, opportunities, and responsibilities, despite their race or gender. In the world we live in, however, we constantly face all kinds of neglect based on different attributes.” When one hears the word discrimination, the first thought that comes to mind is racial discrimination. In fact, it does not solely have to be racial discrimination. There are many forms of discrimination such as age, disability, transgender, and sex discrimination. This paper will focus on discrimination based on gender, race and age in the workplaces.