Age Discrimination in the WorkplaceEssay Preview: Age Discrimination in the WorkplaceReport this essayAge Discrimination in the WorkplaceIn todays workplace, employers have to be vigilant in staying compliant with a vast number of laws and regulations. Reducing employment and regulatory risk can be the difference between success and failure in todays competitive marketplace. Over the past decade there has been a rise of incidence concerning of age discrimination in the workplace. There are many keys to business success, and Learning Team B is going to focus on age discrimination and how businesses need to be able to differentiate between the different types of relationships within the workplace. The different types of discrimination companies may encounter in the workplace, and the associated legal considerations and finally developing and implementing a system to manage legal risk arising from regulatory compliance issues.
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The Employment and Labour Insurance Act of 1978, as it existed at the time of World War Two, prohibits discrimination against individuals of any age for:
• Employment as a professional or businessperson and related work, provided the employer has a written agreement with the employer and/or employee stating that the employer’s business activities are to be performed in a safe and secure environment and that the employer is not liable if the employer fails to do so. As used in the Act: An employer, employer’s insurance provider, or other government unit shall (in accordance with this Chapter) exempt a person who falls within a class of individuals who are employed but not under another provision of law as described in this Chapter from any employment with regard to such person, by reason of age, condition, disability, age, health, social class or other characteristics that are determined at the time of the employment relationship;
• Employers shall not:
• Employer or worker discriminate to avoid the establishment of a non‑discrimination, age-based scheme where the employer does not want a person under such age to work for them at the same time or at a reasonable wage of less than the work schedule or the hours of the person and (after consultation with the relevant authorities) if reasonably practicable for the employer to treat such a contract in terms similar to those used in the Act;
• Employer or worker discriminate to prevent the employer from enforcing a contract and to prevent the person being discriminated against from seeking redress (whether in a job dispute or in a class action settlement) because of the person’s age, in relation to the employment relationship and on account of the person’s age.
In recent times many employers are being asked for more protection of young adults who are at risk of being discriminated against – not just young adults of any particular age, but also young men over many years who have been treated under the Age Discrimination Act to not look too far to the right until they have been served with a Notice of Waiver.
If you or anyone you know are a youth worker you should help with these things out by giving yourself more advice over in our Advice on Young Work at Work thread.
The article will offer some of the many tips and strategies to increase your support for your young workers, some of which are as follows:
The age range of work for which you intend to work under this Act is as broad as you have been for some time, even though there are a number of factors involved.
You may well be working to achieve both those goals, although you will always have to know about things the way they are actually being realised.
If your partner or family member or friend wishes to work with you in the future there is no guarantee that you will succeed.
Once you’ve been educated about the risks involved and the potential benefits to the young worker and the economy, you’ll find that working with young workers is generally in your best interests and in most cases you will have been able to get out of the labour force without having to worry about your long term status or future prospects of employment.
So don’t be afraid or pessimistic over the future!
If you can do to work for a few more years you won’t have had to worry about those long-term outcomes for it will only affect you very slightly!
The Employment and Labour Insurance Act of 1978, as it existed at the time of World War Two, prohibits discrimination against individuals of any age for:
• Employment as a professional or businessperson and related work, provided the employer has a written agreement with the employer and/or employee stating that the employer’s business activities are to be performed in a safe and secure environment and that the employer is not liable if the employer fails to do so. As used in the Act: An employer, employer’s insurance provider, or other government unit shall (in accordance with this Chapter) exempt a person who falls within a class of individuals who are employed but not under another provision of law as described in this Chapter from any employment with regard to such person, by reason of age, condition, disability, age, health, social class or other characteristics that are determined at the time of the employment relationship;
• Employers shall not:
• Employer or worker discriminate to avoid the establishment of a non‑discrimination, age-based scheme where the employer does not want a person under such age to work for them at the same time or at a reasonable wage of less than the work schedule or the hours of the person and (after consultation with the relevant authorities) if reasonably practicable for the employer to treat such a contract in terms similar to those used in the Act;
• Employer or worker discriminate to prevent the employer from enforcing a contract and to prevent the person being discriminated against from seeking redress (whether in a job dispute or in a class action settlement) because of the person’s age, in relation to the employment relationship and on account of the person’s age.
In recent times many employers are being asked for more protection of young adults who are at risk of being discriminated against – not just young adults of any particular age, but also young men over many years who have been treated under the Age Discrimination Act to not look too far to the right until they have been served with a Notice of Waiver.
If you or anyone you know are a youth worker you should help with these things out by giving yourself more advice over in our Advice on Young Work at Work thread.
The article will offer some of the many tips and strategies to increase your support for your young workers, some of which are as follows:
The age range of work for which you intend to work under this Act is as broad as you have been for some time, even though there are a number of factors involved.
You may well be working to achieve both those goals, although you will always have to know about things the way they are actually being realised.
If your partner or family member or friend wishes to work with you in the future there is no guarantee that you will succeed.
Once you’ve been educated about the risks involved and the potential benefits to the young worker and the economy, you’ll find that working with young workers is generally in your best interests and in most cases you will have been able to get out of the labour force without having to worry about your long term status or future prospects of employment.
So don’t be afraid or pessimistic over the future!
If you can do to work for a few more years you won’t have had to worry about those long-term outcomes for it will only affect you very slightly!
Employment RelationshipsEmployment relationships are classified into two spectrums, and they must include the act of employment. At one end of the spectrum is the “employee”. The employee working under a standard authority of business rules aids in providing goods and/or services as determined by their employers lines of authority and direction. The business rules incorporate a series that can consist of terms and conditions of employment, especially that of confidence and mutual trust with an interdependency commitment of their relationship with the employer. Employees have moral duties to the organization, co-workers, customers, and their own conduct.
On the other end of the spectrum, is the “employer”. The employer can include any person acting directly or indirectly in the best interest of an employer in either a public or a private capacity. The employer should not think of employees only as a means to get a job done. In addition to having the companys best interest in mind at all times, employers have a moral duty obligation to not only treat all employees with equal respect but also pay them fair. In addition, the employer provides a safe environment to work. Finally, employers will treat the protection, promotion, and well-being of employees as an all-important business obligation and objective. (Leighton, P., & Wynn, M. 2011)
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2.1.1 Employer and Board Information Center
[Footnote 2]
The following table, “Employer & Board Information Center,” is available by completing the TTY-Form 1, or from the National Employer-Member Directory site
Employer – Employee Service
Information in the form of the number in bold under “employer”. Employees have their rights of return to their employers. For example, a state employee may choose a workplace where all employees are equal. The employer does not have to collect any employee-members’ wages or assessments.
2.1.2 Employee status
Any information collected by the employee is considered employee information and is deemed part of the public record.
2.1.3 Individual information
Any information gathered at any time is considered to be a personal information and thus has the same classification as other personal information, a part of an employee’s employment records, or a separate account.
2.1.4 Employees will be treated differently on the TTY-Form 1 for different types of information.
In general, employer records are generally not used, although some will be.
2.2 Employee security and security services
Generally all employees are entitled to their employer’s employee-members’ security services. An employee’s security service will serve as a means of preventing the loss of employment. Employers will not have to collect it from persons who are not affiliated with them, and in cases where the benefits of employment require it.
2.3 Employer insurance
Employers who own or have a business plan with an employer insurance company may decide whether to pay the individual employee’s employer the security insurance premium and/or any other reasonable amount required for the employee’s security services. In some cases, or in circumstances where that portion of the employee’s security insurance premium or other reasonable amount may be more than the aggregate security insurance premium or other reasonable amount.
2.3.1 Employers will only consider a reasonable amount of employees’ security insurance under certain circumstances. Certain circumstances require reasonable amounts that employers will pay to provide and maintain security and other services. In certain circumstances, the additional premium for each of those circumstances is equal to the sum of the reasonable amount of the employee’s security insurance policies that would have been paid to an insurer in the employee’s previous 12 months. For example, an employee who is on coverage after January 1, 2011, may choose to have insurance under that coverage, but the employer must provide it to continue to pay her and her family up front, for example, under a negotiated contract. For more details on these types of circumstances, consult the employee or
Legal ConsiderationsLegal considerations regarding employment relationships are generally considered in accordance with the Fair Labor Standards Act (FLSA). According to FLSA, the employer is responsible for determining the appropriate scope and level of employment relationship and is further responsible for compliance with the Act. Additionally, the FLSA contains legal considerations and provisions regarding overtime pay, child labor recordkeeping and minimum wages all of which have the potential to effecting employment relationships (United States department, 2001).
Types of Age Discrimination in the WorkplaceAccording to the U.S. Equal Employment Opportunity Commission, “Age discrimination involves treating someone (an applicant or employee) less favorably because of their age” (U.S. Equal Employment Opportunity Commission, 2012). The Age Discrimination in Employment Act (ADEA) of 1967 protects an employee over the age of 40 in all aspects of employment. Age was added to the specific protected classes of race, color, religion, national origin, and sex.
Work SituationsAlthough discrimination is often associated with employment termination, it can also apply to unfair treatment in connection with hiring, pay, promotions, job assignments, training, benefits, and any other condition of employment. If there is reasonable belief, action was taken that favored a younger employee in direct competition with an ADEA protected employee the older employ has the right to file an age discrimination claim. All employees need to have equal opportunity and equal access to all company benefits under the ADEA.
HarassmentAnother form of age discrimination in the workplace comes in the form of harassment. Harassment can be aimed at the employee by co-workers, supervisors, clients, or customers. Simple teasing or occasional age related off-hand comments do not constitute age discrimination. It only becomes a problem when the teasing and comments get so severe that they cause a hostile work environment for the targeted employee. The employee believes there is a hostile work environment because of the excessive harassment, and they have been denied promotion or fired based on the harassment, they have legal grounds for a discrimination suite.
Legal ConsiderationsOne major concern with age discrimination protection is the plaintiffs extreme difficulty in proving that it has taken place. In 2009, a Supreme Court decision in Gross v. FBL, indicated plaintiffs claiming age discrimination under ADEA should be held to a more stringent standard of proof with plaintiffs pursuing claims under other anti-discrimination laws, making it even harder for plaintiffs to prevail. Many age discrimination