'Age discrimination Essay\r'

' contrariety against old worker occurs so frequently that Congress made an mold to protect older workers from discrimination; this helps prevent change magnitude un physical exertion for those older than 40 social classs of while. In 1967, sex mould made the period inconsistency in purpose snatch for the purpose of promoting the trading of older workers ground on their ability instead of their mount. This issue applies to employment by public and private employers and by the unions and employment mountncies, as well as foreign companies that work more than 20 workers located here in the United States.\r\nIn 1967 the act coered employees amongst the ages of 40 and 65, the upper limit was extended 70 in 1978 and then the limit was removed wholly later on. Now there is no prolonged an upper age limit, a 79 stratum old may be just as qualified as a 30 year old and should earn the opportunity to picture her or his qualifications and obtain employment base on t hem. nearly other issue with this act is mandatory retirement; for the closely erupt this has become a thing of the past. It should in addition be mentioned that people atomic number 18 living monthlong lives today and this act bequeath become more and more critical for the working employees in this country.\r\n epithet VII and the Age Discrimination act be similar in some(prenominal) ways, and both be enforced by the EEOC. But these two acts are different in two important ways; The Age Discrimination In economic consumption Act is more lenient than Title VII regarding the analog afforded employer’s reasons for adverse employment decisions (). The Age Discrimination In Employment act allows an employer to argue that a prima facie of age discrimination by identifying some(prenominal) factors other than age that has helped make the decision. The other deviation is the Age Discrimination in Employment act only protects employees that are over 40 geezerhood of age from discrimination. So, a person down the stairs 40 can non file a claim under this act based on the claim that he or she was too young. But there are some states that deport laws that could be described as arrest discrimination in situations like this.\r\nIn an Age discrimination possibility there are several different questions and points that must be answered. The hobby will help describe some of this key issues in a case like this.\r\n· The employee feels that he or she has been discriminated against because of the employee’s age. The employee may file an action against the employer under the ADEA and go up age discrimination. The employee must establish the following four elements to prove to the court that she or he has a claim for age discrimination.\r\n· The employee must prove that he or she was demoted or ignored because they were 40 years or older. They simply must prove that they are older than 40 years of age, thence making themselves a member of a defend class.\r\n· Adverse employment action taken against the employee, this is create that the employer made an employment decision that adversely abnormal the employee in question. This could include a decision not to plight the applicant or even fire the employee.\r\n· Another thing the employee must prove is that he or she is qualified for the position. The position requirements must be proven and not just devised for the purpose of terminating or refusing to hire older workers. The employee must show that he or she can perform their duties at a high level or they may font not being able to continue with their claim.\r\n· disclaimer Treatment, this requires an employer to explain there actions if they terminate of refuses to hire an older qualified employee, while at the same succession hiring a younger person. This requirement has presented difficulty for the courts.\r\n· Employers prescribe in the matter, this is where the employer must prove that th ey did not hire or terminated an older employee because of other reasons. The core group of proof instanter shifts to the employer to present a certain and nondiscriminatory reason for their actions against the employee. They must prove that there are good reasons for their actions.\r\n· The EEOC identifies what an employer must prove in an age discrimination case brought under the Age Discrimination in Employment act as; the age limit is reasonably necessary to the essence of the employer’s business. All or most(prenominal) all of the individuals over that age are unable to perform the caper’s requirement adequately or some of the people over that age posses a modify trait that cannot be ascertained except by reference to the age of the employee. This element of proof allows an employer to suspend an older worker from a position that may be unsafe to some older workers. This discipline can be obtained by OSAH databases that have include worker age as being part of the reasoning for their actions.\r\n· Disparate treatment and disparate impact.\r\n atomic number 53 court case that has helped define this act is the case of Steen v. insolate Oil Company. Paul Steen was sackfuld by Sun Oil Company after working for them for 19 years. Steen claimed that that he was fired because of his age, but Sun Oil rebuts by standing that Steen’s discharge was necessary action in the company’s overall reorganization process. Steen had statistics that proved that an average age of employees retained was 35 and the average of the employees that were let go was 48. Steen also had a letter from the company that state a plan of the reorganization would be ” a better age distribution of executive strength”. This court case is similar to some that have used the Age and Discrimination in Employment act as grounds for suit in court cases.\r\nOne recommendation that I would have for management to follow is not to have pursual in the age of employees. If they can perform the commercial enterprise at a high level then they are good enough to remain a part of the company. I have seen in many cases in the job I have now of where many of the most valuable employees are often those over the age of 50. They are often the employees with the most experience and act as a teacher to the younger employees.\r\n'