Age Discrimination
No matter how talented or experienced one employee may be over another, workplace history has demonstrated more than just a few times that the younger candidate is often the one to win the promotion. 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. The issue at hand is that companies are not willing to look beyond their aging workforce, choosing instead to push them out of the technological loop rather than attempting to incorporate them as valuable assets. In our culture, the general perception is that with youth comes energy, imagination, and innovation. With age comes decreasing interest, lack of innovation and imagination, and a lessening of the quality of the person (Bennett, 2001, p. 410-411).Job seekers are reporting age discrimination beginning as early as the mid-thirties. How can this be addressed? What options are the
------------------------------------------------------------------------**Bibliography**References:Administration on Aging. Age Discrimination: OverviewThe Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against individuals who are 40 years old or older. In the last decade, downsizing, increased use of part-time and contract employees, greater reliance on automation, and less job security have created what some researchers call a "corporate culture of expendability. Age discrimination continues to damage our society, reducing both the incomes and the self-confidence of millions of Americans. Employment Law for Business, (3rd Edition). 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 (Doyle). The 60-year-old may still have a discrimination claim even though the employer hired someone over 40 to replace him or her (Equal Employment Opportunity Commission). In fact, for a variety of reasons, older workers have been leaving the labor force. Some states provide protections against age discrimination for all employees regardless of age. However, because such inquiries may deter older workers from applying for employment or may otherwise indicate possible intent to discriminate based on age, requests for age information will be closely scrutinized to make sure that the inquiry was made for a lawful purpose, rather than for a purpose prohibited by the ADEA (Doyle). 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.
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