AGE DISCRMINATION IN WORKFORCE.   Term Paper ID:28687 Click to get this paper

Essay Subject: Discusses stereotyping, prejudice & discrimination against older employees (40+). 1967 Age Discrimination Employment Act; recent ADEA lawsuits; theoretical issues; suggested solutions.... More...

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Paper Abstract: Discusses stereotyping, prejudice & discrimination against older employees (40+). 1967 Age Discrimination Employment Act; recent ADEA lawsuits; theoretical issues; suggested solutions. Paper Introduction: Age Discrimination in the Workforce I. Introduction Robert Butler, the first director of the National Institute on Aging, coined the term "ageism" in 1969 and likened it to other forms of bigotry such as racism and sexism (Robinson, 1994). Butler defined ageism as "a process of systematic stereotyping and discrimination against people because they are old" (Robinson, 1994). Today, ageism is more broadly defined as any prejudice or discrimination against or in favor of an age group (Robinson, 1994). II. Legal Status A. The Age Discrimination in Employment Act of 1967 Congress ena Text of the Paper: The entire text of the paper is shown below. However, the text is somewhat scrambled. We want to give you as much information as we possibly can about our papers and essays, but we cannot give them away for free. In the text below you will find that while disordered, many of the phrases are essentially intact. From this text you will be able to get a solid sense of the writing style, the concepts addressed, and the sources used in the research paper. (April 2 ). In that case, the 3rd U.S. For example, the Americanhealth care system focuses on acute care and cure rather than the chroniccare that most older adults need (Robinson, 1994). Woolf, L. However, because ageism is such a fundamental tenet ofWestern civilization, we must begin this process of identification as earlyas possible, namely when our children are young. 3941). Zall, M. B. However,recent lawsuits, as outlined above, demonstrate that applying the ADEA canbe extremely difficult. Circuit Court of Appeals decidedthat under the Age Discrimination in Employment Medicare-eligible retireescan sue their employers if their employers provide them with lesser healthcare benefits than other, younger retirees (Anonymous, 2 , p. The third contributing factor lies in the belief that older people areless productive than are their younger counterparts. The fourth contributingfactor to ageism in American society is the historical tendency to studythe aging population in long-term care institutions as representative ofthe aging population as a whole. Robinson, B. Personal contact witholder adults is often the most effective way to prevent or reduce thedevelopment of ageism, especially among young children (Robinson, 1994).Innovative intergenerational programs have been created that can benefitchildren in this way as well as older adults and help reduce the occurrenceof ageism in our society. The former employee has theburden of disproving the employer's claim. Inparticular, businesses frequently reinforce ageist stereotypes by nothiring or promoting older workers (Robinson, 1994). But these exaggerations have real-life negative effects on the living conditions of older people. Given the subjective nature ofquantifying "qualified" in job hiring decisions, applying the ADEA can bevery tricky for older workers. 8). To qualify, teachers would have to retireat the end of the school year in which they reached 55 and have completedat least 2 years of service (Zall, 2 , p. It ruled that by offering the sameincentives to all plan participants who reached age 55, the plan treatedall participants equally regardless of the actual age at which they retired(Zall, 2 , p. Inparticular, if Congress does not address the ruling, employers may have noalternative but to minimize their liability by cutting back on the benefitsthey offer through retiree health care-or by not offering such benefits atall (Anonymous, 2 , p. Summary of Issues Congress enacted the ADEA for the specific purpose of prohibiting thenegative, discriminatory effects of ageism in American society. Loral contended that itwas not discriminating based on age. B. Prevailing Attitudes Toward Ageism Ageism is a negative bias or stereotypic attitude toward aging and theaged (Woolf, 2 ). In particular, the ADEA defines "olderemployees" as workers who are aged 4 and above. Notably, this belieflies in our view of productivity as defined merely according to economicpotential (Woolf, 2 ). In essence, an older worker must establish thatshe was not hired because of her age. Effects of Stereotyping The contributing factors listed above are the result of thatstereotyping of older individuals that causes the discrimination andnegative attitudes that gives rise to ageism in American society.Generally, stereotyping gives a highly exaggerated picture of theimportance of a few characteristics. Rather, it was laying off its higherpaid workers for business reasons. Conclusion A. We must actively seek to encourage such programsat every level of society. It is such activitythat the ADEA specifically aims to prohibit.V. Age Discrimination in the WorkforceI. In addition, othergovernment policies reinforce ageism by using a higher federal povertystandard for the elderly and targeting job training for younger age groups. 3941). Consequently, death is viewed as "an affront to theself" rather than as an inevitable part of the life course. Recent Lawsuits One of the most recent cases decided regarding the ADEA was reportedin September. 3941). In addition, older people continue to face the negative prevailingattitudes toward the aged in American society. (1994). The Age Discrimination in Employment Act of 1967 Congress enacted the Age Discrimination in Employment Act (ADEA) in1967 to address discriminatory practices that affect older workers.Generally, the ADEA prohibits an employer from refusing to hire,discharging or otherwise discriminating against any individual with respectto compensation, terms, conditions or privileges of employment because ofage (Zall, 2 , p. "Ageism." University of California atBerkeley, School of Social Welfare:[socrates.berkeley.edu/~aging/ModuleAgeism.html]. Legal Status A. Societal Attitudes A. 8). 3941). It ignores all the other forms of productivitythat are essential to a full and promising life. The second contributingfactor toward ageism is the American emphasis on a youth culture. (2 ). In fact, the magazine maintains that thelegislative history of ADEA demonstrates that Congress intended that thelaw would apply to the benefit programs offered to a company's activeemployees and not to its retiree population (Anonymous, 2 , p. 8). The retirementoffer included a lump sum payment of $12,5 plus payment for a certainamount of accumulated sick days. It is clear from these recent cases that it can bevery difficult for either an individual or a group to prevail in a lawsuitbrought under the ADEA.III. Rather, we must transform theageist attitudes that underlie our media, popular culture and institutionssuch as business, government, and human service systems. 3941). A group of teachersfiled suit, claiming that the plan violated the ADEA. Changingindividual ageist attitudes is a fundamental approach to reducing ageism(Woolf, 2 ). Introduction Robert Butler, the first director of the National Institute on Aging,coined the term "ageism" in 1969 and likened it to other forms of bigotrysuch as racism and sexism (Robinson, 1994). This can be extremely difficultgiven that someone's "qualifications" for a position is often subjectivelyreviewed.IV. This paper demonstrates that passing a law that seeksto outlaw ageism cannot be effective as long as the attitudes that giverise to ageism continue to exist in society. The court did notfind that the plan was discriminatory. Business Insurance argued that this is anoversight that Congress should quickly correct if it wants to preserve theshrinking number of employer-provided retiree health care plans. "Age discrimination - What is it besidesillegal?" Fleet Equipment, 26, 4, 3941. "The theoretical basis of ageism." WebsterUniversity Online: [www.webster.edu/~woolflm/ageismtheory.html]. The former employee usually attempts to prove intentionalbias while the employer maintains that a legitimate nondiscriminatoryreason existed for the employment decision. Themedia, ranging from television to novels, place an emphasis on youth,physical beauty and sexuality while older adults are ignored or portrayedas not possessing any of these attributes (Woolf, 2 ). To establish this, she must provethat the employer selected someone else for the position who was youngerand less qualified than she was. 3941). Butler defined ageism as "aprocess of systematic stereotyping and discrimination against peoplebecause they are old" (Robinson, 1994). Thetrade magazine Business Insurance reported that the court's decisionshocked employers because they have long thought that the ADEA applies onlyto employees and not to retirees. References Anonymous. Despite this legislative history, the 3rd Circuit ruled the languageof the ADEA does not itself exclude retirees and the benefit plans offeredto them from ADEA's reach. Such policies are often based on the traditional negative stereotypes ofthe elderly (Robinson, 1994). (September 4, 2 ). Researchers believethat Western civilization conceptualizes death as outside of the human lifecycle (Woolf, 2 ). The California Supreme Court agreedthat what Loral did was acceptable and not prohibited under the ADEA (Zall,2 , p. Theoretical Issues It can be very difficult to prove age discrimination, primarilybecause the older worker must prove that the employer can offer no rationalreason other than age discrimination for his or her action. Today, ageism is more broadlydefined as any prejudice or discrimination against or in favor of an agegroup (Robinson, 1994).II. "Congress must fix ADEA." BusinessInsurance, 34, 36, 8. Generally, researchershave outlined four factors that contribute to our negative image of aging.The first contributing factor is our fear of death. In fact, only 5 percent of the olderpopulation is institutionalized. In another recent case, Loral Corporation in California needed todownsize its payroll so it targeted older employees because they generallyearned more than Loral's younger employees did. Suggested Solutions The most effective way to counteract ageism is to change the systemsthat perpetuate it. B. Similarly, a federal appeals court in Manhattan upheld a Long Islandschool district's offer to teachers of a one-time opportunity to retire atage 55 with 2 years of service (Zall, 2 , p. There is still a need for more researchusing a healthy, community-dwelling older population (Woolf, 2 ). In particular, we must first identify our own personalageist attitudes. Ageism is maintained in the form of primarily negativestereotypes and myths concerning the older adult. As death isfeared, old age is feared because death and old age are viewed assynonymous in American society (Woolf, 2 ). For example,in a "refusal to hire" case, a former employee must prove that the personactually hired was both younger (under age 4 ) and less qualified (Zall,2 , p. If this paper is not what you are looking for, you can search again: Search for: or Click here to request an essay written just for you.