Question

1. Distinguish the perception of older workers from the reality of their impact in the workplace.
2. Describe the history of the protection of older workers in the United States.
3. Identify the legal options available to an employee who believes that he or she is a victim of age discrimination.

Answer 1

Many managers expressed that their older workers’ work capacity was strengthened by their experience and competence. They could, for example, transfer practical professional skills and act as mentors for younger workers, and for inexperienced workers of all ages. They were especially suitable for this due to their long work experience, their personal security as individuals, and their professional way of acting and handling challenges in working life. Some older workers with profound working life experience were regarded as essential for the company, especially on the white-collar side. A common attitude among the managers was that older workers were loyal and committed to their work organization, their customers, and their colleagues.

2.Answer

Though companies may be reluctant to hire an elderly person, there are many benefits for an elderly person to have a job and be working. One benefit is that having a job can help decrease the mortality rate within the elderly.In addition to living longer, one study found that the elderly that worked part-time had higher life satisfaction.

In 1967, Congress enacted the federal Age Discrimination in Employment Act (ADEA) to prohibit age discrimination in the workplace and promote the employment of older workers.

A few years after the ADEA was enacted, the Senate Special Committee on Aging noted that the "ADEA was enacted, not only to enforce the law, but to provide the facts that would help change attitudes. It was commonly assumed that at some age and in some jobs, age limited the abilities of older workers.

3.Answer

The ADEA prohibits age discrimination in decisions about hiring, firing, layoffs, pay, benefits, promotions, demotions, performance reviews or any other condition of employment.

Under the ADEA, employers can’t:

• Mention age or say that a certain age is preferred in job ads and recruiting materials; it is questionable but not automatically illegal to ask for date of birth or graduation on a job application

• Set age limits for training programs

• Retaliate against you if you file charges of age discrimination or help the government investigate charges

• Force you to retire at a certain age (except for a few narrow exceptions)

The law also prohibits policies and practices that have a “disparate impact” on older workers. These are policies that appear to be age-neutral but fall more harshly on older workers. An example is a school district that announces it won’t hire teachers with more than 20 years of experience. Policies or practices that have a disproportionately adverse impact on older workers are unlawful unless the employer can prove they are based on a reasonable factor other than age.

Under the ADEA, you can’t be denied the opportunity to participate in your employer’s benefit plans because of your age. Employers also can’t reduce benefits based on age, unless the cost of providing the benefit increases with age. In these instances, the employer must incur the same cost for providing the benefits to older workers as it does for younger workers in order to comply with the ADEA.