Age Discrimination In Employment

Age Discrimination In Employment

The Age Discrimination Employment Act helps stop discrimination in terms or conditions of employment because age is prohibited. (Cihon & Castagnera, 2017). This act initially helped create a stable job for older individuals over 40. The older you get, the more complex it is to keep or find a job. Limitations do not help. Usually, when you get older, your body does not function the same. Your muscles start to deteriorate; you move slower; your reaction time and motor functions start declining, and, depending on your genealogy, dementia or amnesia starts to kick in. Some age discriminatory problems can be the hiring of a new job. Some companies will see your age and not hire you because you can be “too old” for the position, regardless of your qualifications and experience level. Another would be promotions.

Management would promote the younger crowd because they make a better face for the company. Also, they can hold the position and deal with multi-tasking better. Companies need to promote based on qualifications and not on age. There are more, such as training, job assignments, layoffs, training, and benefits. (Age Discrimination, n.d.). Bona Fide Occupational Qualification (BFOQ) is almost the maximum age to perform your job accordingly and up to expectations. Sometimes, jobs will require you to perform at a certain level, and the older you are, the harder it is for you to complete your duties.

Take the Army, for example. The maximum age to enlist in the Army is 34 years old. This is because you must meet physical demands to perform at the maximum required standard. You have a timeline you must meet when you enlist, and the older you get, the less likely you are to perform your duties at your fullest potential. Imagine you are in combat, and you have someone next to you who is 60+ years old, and you are returning fire. At that age, your vision deteriorates, you can have slight Parkinson’s, hearing can go wrong, and you cannot pull your weight in basic Soldier skills. Do you want that to occur and know your life is in their hands? That is why there should be age limits in specific career fields, but not all of them.

If I were an HR manager, I would take note of my employees over the age of 40 and see what their job qualifications are. Then, I would ensure they meet their job needs and correct performance measures. If they don’t, I would pull them into my office and speak to them about their future at this company. Knowing they could file a suit against us, I would explain the Discrimination Act and the BFOQ. If needed, and with their consent, I would move them to a more comfortable position that would better suit their needs. Also, I would suggest retirement as long as they meet those requirements. Working with them instead of against them saves company lawsuits, and you treat people as you would want to be treated.

Reference

Age Discrimination. (n.d.). U.S. Equal Employment Opportunity Commission. Retrieved from https://www.eeoc.gov/age-discrimination

Cihon, P. J., & Castagnera, J. O. (2017). Employment and labor law (9th ed.) [VitalSource Bookshelf version]. Retrieved from https://online.vitalsource.com/#/books/9781305893597

ORDER A PLAGIARISM-FREE PAPER HERE

We’ll write everything from scratch

Age Discrimination In Employment

Discuss and give examples of when age can be a bona fide occupational qualification (BFOQ). What are some examples of age discrimination under the Age Discrimination Employment Act? As the head of human resources, what recommendations would you have to prevent your company from violating this act?