Hey Employers - Age Discrimination Really is a No No!
It’s an unfortunate fact that age discrimination in the U.S. work place remains rampant despite clear legal protections in place since 1967. In my opinion it’s high time for employers to shed all notions of bias against older workers.
Current population trends demonstrate that the U.S. workforce will continue to shrink. Older people today are generally healthier and more vigorous than their earlier counterparts. They’re eager and willing to work and continue contributing to society. As the following article states, age does not matter.
Age Does Not Matter
By Rainier Policarpio
As the old and overly utilized cliché goes; “Age does not matter.” This statement would pertain not merely to the daily facets of everyday living but it would also be an appropriate statement for laws abhorring discrimination on the basis of age.
Age has been one of the primordial considerations when it comes to employment discrimination cases. Even the Employment Act which was ordained into law in 1967 provides the ample protection afforded to individuals subjected to age discrimination. Not only would this cover employees but even those applying for a prospective position as well. The code explicitly provides that it shall be unlawful to discriminate against any person on the sole account of his/her age with respect to any term, condition, or privilege of employment. This consequently includes: hiring, firing, promotion, lay-off, compensation, training, benefits, and job assignments. Congruently, even supplementary acts like retaliating against an individual for conveying an opposition against employment practices that revolves on an age discrimination issue, like filing a complaint, participating in any investigation to that effect, testifying, or proceeding with litigation are also prohibited under the law.
Job advertisement can also be construed as a primary source of discrimination on account of age. Age limits explicitly included on job notices can only be considered as valid if it can be vividly proven that it is an occupational qualification done in good faith, and that said requirement is reasonably necessary in the businesses ordinary course. If these two conditions have not been complied with, then it is repugnant to existing legislations which prohibit age preferences or specifications included on advertisements and job notices.
A prerogative is given to the employer to inquire into an applicant’s age or date of birth. But despite this right, if said query would operate to deter older yet, otherwise qualified workers from venturing into said work then discrimination on the basis of age is already prevalent.
Governing is the rule that workers performing the same task without regard to their age must be given the same privileges and benefits without any favor whatsoever. Denial of benefits to older employees is proscribed if the older employee can perform the same task, with the same cost of benefits afforded to younger employees. In simpler terms, in ceteris paribus, when everything is held constant, then no undue privileges must be given on account of age of the industry’s employees.
“Rainier used to work in a publishing company as a writer and eventually became an associate editor. He dealt in writing instructional materials for secondary and tertiary students. His passion in writing inspired him to read a lot and subsequently enabled him to gain more knowledge and skills.”
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Further Comment
Old is not bad, and that pertains to employment of older workers. Some employers assume that the experience carried by prospective older employees means that they will be expensive. Studies show, however, that older people seeking work are not overly concerned about compensation levels. Their wish primarily is to remain active and vital. It’s time for employers to abandon stereotypes about older applicants. Not only that, it’s the law!
Tags: age, Age Discrimination, aging population, Aging Process, Anti Aging, Baby Boomers, senior citizens, seniors
