Question.3732 - Consider the topic of age discrimination. Is it ever appropriate to discriminate based on age? Give examples of two situations for which you believe age discrimination is acceptable. Then give examples of two situations for which you believe age discrimination would not be acceptable. For all examples, provide an explanation of your reasoning. Then, answer the following questions: Are older people entitled to protection from employment discrimination as a class? How might a law protecting older people from discrimination work? Research the issue online to assist you in developing supporting facts and arguments for your positions. You may want to look at Web sites for government agencies that enforce anti-discrimination laws, such as the United States Equal Employment Opportunity Commission, the British Government Equalities Office, and the Australian Human Rights Commission. Professor Linda M. Woolf, PhD has put together a helpful Web site on ageism here. Lastly, the BBC provides an overview of age discrimination in Britain and globally here.
Answer Below:
Written Assignment Unit 6 Upadhi IzeagiUoPeople University BUS 3305-01 Business Law and Ethics October 16th, 2024 Written Assignment Unit 6 Age discrimination in today's era tends to be a nuanced issue under employment law since discrimination based on age tends to be prohibited under acts such as the Age Discrimination in Employment Act (ADEA) in the U.S. and equivalent regulations in other regions, like the U.K. and Australia in order to ensure older individuals are protected from unfair treatment due to stereotypes or assumptions about their capabilities; but several concerns play a vital role in altering the law in actuality, like for instance, if an employer requires scuba divers for an ocean cleaning project that requires people to stay in the sea for 7 days project time, and a candidate of age 68 applies for it with medical condition, on the ground of the age the application can be rejected (Neumark, 2008). Under such circumstances, age discrimination can be considered appropriate in other situations. Another example could be firefighting or airline piloting, where the job is physically demanding, age-related performance issues like reaction time or physical stamina might reasonably justify age-based employment restrictions since certain jobs require peak physical conditions and employers can be justified to impose age limits to ensure public safety and minimize risks?. On the other hand, age discrimination is generally unacceptable in contexts like corporate office work or academic positions because within these environments allowing individuals to perform tasks that are not inherently tied to physical capacity but rather to cognitive abilities and experience, which can remain strong or even improve with age; while denying someone a promotion or a job opportunity based solely on age in these sectors would be ethically unsound and legally prohibited? , and it falls within the scope of legality. Considering the case Gross V. FBL Financial Services, Inc. 2009, wherein the Supreme Court ruled that plaintiffs in age discrimination cases are responsible for proving that age was the decisive factors in the adverse employment decision, this ruling cast a burden on the employees in terms of proving with a clearer evidence that age was discriminated under the Age Discrimination in Employment Act (ADEA); making it harder for older individuals to win discrimination lawsuits, showing a tension between legislative intent to protect older workers and judicial interpretation? (Foreman, 2009). On the other hand, considering the McDonnell Douglas Corp. v. Green (1973) that established a framework for evaluating discrimination claims based on circumstantial evidence, wherein this case allowed employees to present indirect evidence that age was a motivating factor, shifting the burden of proof to employers to show legitimate, non-discriminatory reasons for their actions, which tends to reinforce that protective mechanisms under employment law by offering older employees a route to challenge unfair treatment? (Powell, 1973). In 2012 U.K. case of case of Seldon v. Clarkson Wright and Jakes, wherein the Supreme Court of U.K. ruled that law firms have the authority to enforce a mandate for retirement age if it could be objectively justified, such as promoting intergenerational fairness or planning workforce succession and the case showed that while age discrimination laws are robust, they allow exceptions if employers can provide sound justifications, particularly where it benefits the organization or society? (Dewhurst, 2013). In terms of protection from employment discrimination, older individuals are indeed entitled to protection as a class under laws like ADEA, wherein these laws tend to work by prohibiting employers from basing employment decisionssuch as hiring, firing, and promotionson age for individuals over 40; and employers must also refrain from retaliating against those who file age discrimination complaints or participate in investigations? EEOC, so in practicality to enforce these laws effectively, agencies like the U.S. EEOC and similar bodies in other countries provide mechanisms for reporting and addressing age-related discrimination? with an intent to establish an inclusive environment (Neumark, 2008). References Dewhurst, E. (2013). An Evaluation of the Principles Governing the Prohibition on Direct Age Discrimination in the UK: A Case Study of Seldon v. Clarkon, Wright & Jakes [2012] UKSC 16.?QMLJ,?4, 11. Foreman, M. (2009). Gross v. FBL Financial Services-Oh So Gross.?U. Mem. L. Rev.,?40, 681. Powell Jr, L. F. (1973). Mcdonnell douglas corp. v. green.?Opinion of the United States Supreme Court,?6. Neumark, D. (2008).?Reassessing the age discrimination in employment act. AARP. Public Policy Institute.More Articles From Business Law
.ico)
.ico)
.ico)
.ico)
