Age Discrimination In Employment Act Of 1967

Abstract

The Age Discrimination Act of 1967 prohibits against establishment using age as a factor for determining whether a person or not is liable to do the job at hand. Researched used for this paper will show the factors and evidence going into deeper detail on what exactly the Age Discrimination Act is and how it plays a role in society today. This paper will also touch on if the Age Discrimination Act of 1967 is actually working with research proving the outcome. NC Live was the main database in which research was pulled and articles came from.

Keywords:

new generations, old workers, bias, ageism, discrimination

Introduction

The Age Discrimination in Employment Act of 1967, better known as ADEA, is a regulation that is used to protect older Americans from any kind of employment mistreatment based on one’s age. Any person that is the age of 40 years old can find themselves being covered by this law. An employer must have at least 20 staff members for this rule to take place within the business. The law, which was passed in 1967, stately prohibits any biased hiring practices as well as wage discrimination and overall wrong treatment as it contains to one’s age. As the topic is discussed further, we will see how this act has been used since it has been passed.

The Statutes and Amendments of the Age Discrimination in Employment Act of 1967

Per the Equal Employment Opportunity Commission (EEOC), the Age Discrimination in Employment Act of 1967 thoroughly prohibits employers not offering a candidate a position in office due to age. This also is in reference to hiring, promotion, discharge, pay, or both the terms and conditions along with the privileges of the job.

History of The Age Discrimination in Employment Act of 1967

The Age Discrimination in Employment Act of 1967 was passed in 1967, after research showed by the Department of Labor gathered plentiful amounts of age discrimination within the workplace nationwide. The age 40 was set by the law because at the time, women who were flight attendants found themselves being forced out of their jobs by the time they were 30. In the beginning, the anti-discrimination act was set to only last until a person was 70, allowing companies to force older workers to want to retire out. However, as time passed and older people were both living and wanting to work longer, that age limit was unjust.

Effects of The Age Discrimination in Employment Act of 1967

In this day in age, more workers are continuing to stay actively engaged within their jobs and even seeking more employment after the age of what was deemed as average retirement age in previous generations. This means that the ADEA is something that remains a social justice concern over the world. A typical stereotype of older people in the workplace are that they are stubborn, closed-minded, slower, less physically active and not as technology adaptable. An example of this was discussed in the case of District of Columbia vs Dr. Loubna Skalli Hanna. The District of Columbia Superior Court ruled in favor of former American University professor Dr. Loubna Skalli Hanna following the Jury’s unanimous decision that the university denied her tenure and promotion due to her age. (Levitan, 2018)

Hanna – who was 52 at the time of her tenure application in 2013 – received internal and external evaluations and recommendations for occupation, but then-provost Dr. Scott A. Bass denied her application in 2014. (Levitan, 2018) Data and evidence were presented proving that her provost, gave jobs to younger candidates at a outstanding rate and favored younger tenure candidates despite their lesser than publication records. (Levitan, 2018) The Jury awarded Hanna $1,151,000 in economic damages and $175,000 in emotional distress damages. (Levitan, 2018)

As previously discussed, older generations are staying longer in their jobs despite the stereotypes that have been placed on them in the workforce. However, age discrimination within the workplace is still something that is prominent to this day. Older workers still experience longer periods of unemployment as research that dates back to 2014 show on average, 45 percent of older jobseekers were long term unemployed. (McCann, 2017) Older job seekers have stated the feeling of ageism in the workplace is something that is common. They also believe when they are applying to jobs, they are often turned down due to their age before they can even step foot in the door. This can be for a number of reasons, however, employers wanting to keep young, fresh faces in their establishments as most recruiting is done on college campuses and requiring employees to be tech savvy would be the main one.

Sadly, older generations have labeled this bias as something that they are used to and feel that everything in the workplace is accepted except for ageism. As baby boomers are starting to enter the last working years of their lives, it is almost as if they are being bullied in the workplace as the expectations that have been placed on them, aren’t that high. Internet memes such as “Scumbag Baby Boomer” and “Old Economy Steve” find themselves showing baby boomers being the cause of war from their lack of adapting to and knowing technology. (DePillis, 2016) This caused baby boomers to resent the workplace, feeling as if they were apart of another protected class this would not be happening to them.

While baby boomers find themselves being both helpful and useful in the working world, newer generations that are starting to take over the workplace beg to differ. In a 2015 survey by the Harriss Poll, 65 percent of boomers rated themselves as being the best problem solvers and quick thinkers with only 5 percent of millennials agreeing. Fifty-four percent of millennials thought boomers were the biggest barriers in the workplace. (DePillis, 2016) Business moguls such as Mark Zuckerberg and researchers such as Michael North, back the entitlements by stating, “young people are just smarter” and “younger people tend to resent it when older workers don’t get out of the way and retire”. (DePillis, 2016) Showing, how they feel about older generations in the workplace.

Even though newer generations care not to have older generations in the workplace, for some older workers retirement is simply not an option. Financial concerns are cited to be the main reason they aren’t quitting. However, those who do realize they cannot work forever say the average age of retirement looks around 73. (Ellin, 2014) Baby boomers, who are often caring for ailing parents and supporting their fiscally challenged children while trying to navigate their own lives, medical problems, mortgages, credit card debt, student loans and the cost of living have taken their toll on many a wallet. (Ellin, 2014) These reasons, many say, are why they can’t leave their jobs at this moment.

Conclusion

The Age Discrimination in Employment Act was passed in 1967, a time where bias against all people were at an all-time high. However, as time has progressed and new classes are being protected each day, ageism in the workplace is something that still is happening. While older generations see themselves as being a bonus in the workplace, carrying wisdom and showing newer generations old tricks that they once used in the workplace, the newer generation finds them to be in the way of how things are being done. This leaves older generations to feel as if they are being left behind and in some cases their age being the main factor used against them. Retirement is being forced on them, but for some people retirement is just not an option. Due to this happening it makes you question, is the Age Discrimination in Employment Act still working?

References

1. DePillis, L. (2016). Baby boomers are taking on ageism — and losing: Bias against older workers remains among the most acceptable and pervasive ‘isms.’ Accessed January 2020.
2. Ellin, A. (2014, Feb 01). For some, retirement is out of reach. for others, boring.: [Business/Financial desk]. New York Times Retrieved from http://nclive.org/cgi-bin/nclsm?url=http://search.proquest.com/docview/1493084591?accountid=14041. Accessed January 2020.
3. Glenn, J. J., & Little, K. E. (2014). A study of the age discrimination in employment act of 1967. GPSolo, 31(6), 41-45. Retrieved from http://nclive.org/cgi-bin/nclsm?url=http://search.proquest.com/docview/1691152004?accountid=14041. Accessed January 2020.
4. Levitan, M., & Pennamon, T. (2018, Nov 15). American U. professor wins $1.3M in age-discrimination case. Diverse Issues in Higher Education, 35, 5. Retrieved from http://nclive.org/cgi-bin/nclsm?url=http://search.proquest.com/docview/2168816363?accountid=14041. Accessed January 2020.
5. McCann, L. A. (2017). The age discrimination in employment act at 50: When will it become a ‘real’ civil rights statute? ABA Journal of Labor & Employment Law, 33(1), 89-104. Retrieved from http://nclive.org/cgi-bin/nclsm?url=http://search.proquest.com/docview/2061859402?accountid=14041. Accessed January 2020.