Tuesday, May 11, 2021

Age Discrimination

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Age Discrimination is the topic of my discrimination paper. In my paper, I will define The Age Discrimination in Employment Act of 167. I will also explain how to file a complaint of age discrimination. In addition, I will summarize a court decision in regard to age discrimination. Finally, I will list recommendation to management in an effort to assure that the employer is in compliance with all aspects of the law.


The Age Discrimination in Employment Act of 167 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEAs protections apply to both employees and job applicants. 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 -- including, but not limited to, hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. (EEOC, 00)


It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADEA. (EEOC, 00)


The ADEA applies to employers with 0 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government. (EEOC, 00)


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Complaints of age discrimination involving Department of Health and Services (DHHS) recipients and beneficiaries may be filed with The Office for Civil Rights (OCR) by an individual, a class, or by a third party, within180 days from the date of the alleged discriminatory act. The OCR may extend the 180-day period if good cause is given. Include the following information in your written complaint, or request a Discrimination Complaint Form from OCR


Your name, address, and telephone number. You must sign your name. If you file a complaint on someones behalf, include your name, address, telephone number, and statement of your relationship to that person, i.e., spouse, attorney, friend, etc. Name and address of the institution or agency you believe discriminated against you. How, why, and when you believe you were discriminated against and any other relevant information. Send the complaint to the OCR regional office or the Washington, D.C. headquarters. (EEOC, 00)


On April 1, 16, the Supreme Court, in an unanimous ruling stated that employers can be held liable, under the Age Discrimination In Employment Act (ADEA), when older workers are replaced with others who are themselves 40 years of age or older. (James OConnor v. Consolidated Coin Caterers Corporation)


Specifically, Justice Scalia, writing for the court, stated, There can be no greater inference of age discrimination ... when a 40 year-old is replaced by a year-old than when a 56 year-old is replaced by a 40 year-old. Moreover, Justice Scalia stated that Because the ADEA prohibits discrimination on the basis of age and not class membership, the fact that a replacement is substantially younger than the plaintiff is a far more reliable indicator of age discrimination than is the fact that the plaintiff was replaced by someone outside the protected class. While this holding does not provide a specific definition of substantially younger, it does affirm the federal Equal Employment Opportunity Commission's (EEOC) regulation, which prohibit an employer from discriminating on the basis of age even when all parties are in the protected age group.


The following is a summary of James OConnor v. Consolidated Coin Caterers CorporationPetitioner James OConnor was employed by respondent Consolidated Coin Caterers Corporation from 178 until August 10, 10, when, at age 56, he was fired. Claiming that he had been dismissed because of his age in violation of the ADEA, petitioner sued in the United States District Court for the Western District of North Carolina. After discovery, the District Court granted respondents motion for summary judgment, and petitioner appealed. The Court of Appeals for the Fourth Circuit stated that petitioner could establish a prima facie case under McDonnell Douglas v. Green only if he could prove that


1. He was in the age group protected by the ADEA;


. he was discharged or demoted;


. at the time of his discharge or demotion, he was performing his job at a level that met his employers legitimate expectations; and


4. following his discharge or demotion, he was replaced by someone of comparable qualifications outside the protected class.


Since petitioners replacement was 40 years old, the Court of Appeals concluded that the last element of the prima facie case had not been made out. Finding that petitioners claim could not survive a motion for summary judgment without benefit of the McDonnell Douglas presumption the Court of Appeals affirmed the judgment of dismissal.


The ADEA prohibits discrimination on the basis of age and not class membership, the fact that a replacement is substantially younger than the plaintiff is a far more reliable indicator of age discrimination than is the fact that the plaintiff was replaced by someone outside the protected class. The judgment of the Fourth Circuit is reversed, and the case is remanded for proceedings consistent with the opinion. (James OConnor v. Consolidated Coin Caterers Corporation)


Accordingly, I recommend the following in an effort to reduce or eliminate age discrimination


ɨ Recognize age bias and discrimination as the pervasive, escalating issue it is.


ɨ Do an audit to assess your organizations culture. Find out how employees feel about older workers and how those feelings manifest themselves in the workplace. Messages often emanate from the CEO and are picked up by managers and supervisors.


ɨ Re-think attitudes about older adults in your workplace.


ɨ Initiate a dialogue between managers of different departments regarding age discrimination. Discuss the issue at appropriate professional organization meetings to find out how other businesses are dealing with it.


ɨ Review and, if necessary, revise policies, training programs, recruiting methods, job designs, and evaluations to eliminate discriminatory language and/or implications.


ɨ Expand preventative training on age bias.


ɨ Spend less time documenting defenses against potential age discrimination lawsuits and more time preventing or minimizing them.


ɨ Tap into agencies and networks that involve the older adult population.


ɨ Develop community relations programs to support services for older adults in the community as part of your company or organization's agenda for being a good corporate citizen.


ɨ Build moral and higher productivity by demonstrating to older workers that they are valued and appreciated.


REFERENCES


Equal Employment Opportunity Commission. Facts About Age Discrimination United States Equal Employment Opportunity Commission (EEOC), 00. http//www.eeoc.gov.html


Find Law for Legal Professionals http//www.library.lp.findlaw.com


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