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Oracle Tips by Burleson |
Age
Discrimination in Employment Act of 1967 (ADEA)
This Act protects against discrimination of
employees on the basis of age, specifically those who are 40 years of
age or older. The statute applies to employers having at least 20
employees.
The Older Workers Benefit Protection Act and the Civil Rights Act of 1991
amend portions of the ADEA
and should be consulted for
further refinements. The ADEA contains the following pronouncements
and findings by the United States Congress:
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Older workers are disadvantaged when seeking
reemployment.
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Regardless of job performance, it is common for
arbitrary age limits to be set in employment, thus placing older
individuals at a disadvantage.
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Older workers have a higher percentage of
long-term unemployment which results in a significant loss of
skills.
-
Employment discrimination
based on age has a detrimental effect on the economic well-being of
the nation.
-
There are many benefits gained by the promotion
of older workers in employment based on their abilities rather than
age, making age discrimination in
employment unlawful, and assisting in the resolution of problems
related to age in employment.
It is unlawful for an employer under the ADEA and other
Federal laws to:
-
Discharge any employee or otherwise discriminate
in regards to compensation, terms, conditions, or privileges of
employment based on the employee’s age. According to the EEOC Office of
General Counsel FY2002 Annual Report, discharge is the most
frequently alleged issue in age discrimination
suits.
-
Deny employment opportunities or change
employment status based on age by classifying, segregating, or
limiting employees.
-
Reduce pay compensation of employees to achieve
compliance with age discriminationlaws.
-
Provide less employment benefits to older
workers.
-
Maintain a voluntary early retirement incentive
plan that promotes involuntary retirement of an employee based on
their age.
FAST FACT
The EEOC resolves on
average per year 345 merit suits, recovering $52.8 million in back
pay and damages for workers. Merit suits are charges with outcomes
favorable to charging parties based on meritorious allegations.
These include negotiated settlements, withdrawals with benefits,
successful conciliations, and unsuccessful conciliations.
- EEOC FY2002
Annual Report
The record retention requirements for the ADEA is to keep
all employment records associated with job applications, job applicant
resumes, and so forth. Under the ADEA, other records that must be
maintained for a minimum of one year include those related to notices
or advertisements published internally or externally for job openings,
training programs, promotions, and overtime work opportunities. Any
records transferred with employment agencies in regards to the
recruitment of personnel as well as any records of physical
examinations must also be kept.
Age Discrimination – Case 1
Plaintiffs do not automatically win age
discrimination
lawsuits. A terminated
vice-president of CSC Consulting, Inc. filed an age discrimination
suit against his former employer.
In Ransom v. CSC
Consulting, Inc., the plaintiff at age 56, presented deposition
testimony from the CEO that he wanted to retain the younger employees
and to “refresh the office group.” The court found that this testimony
did not directly indicate discrimination in
the termination of Ransom, but rather were general statements about
the corporation. In addition, the employer provided adequate proof
that Ransom was fired for poor job performance, and as a result of
declining business conditions.
Age Discrimination – Case 2
In Sheehan v.
Daily Racing Form, Inc., an assistant editor at the age of 54
filed a wrongful termination lawsuit
for age discrimination
. The plaintiff alleged that he was
terminated due to his age after the office functions were upgraded to
computer-based systems. The claim was based on a company record that
listed employee names, date of birth, and a summary of job
performance. The case was successfully defended by the employer due to
insufficient evidence of direct age discrimination, and the inability
of the plaintiff to prove his qualification for the job requirements
of the new computer-based systems.
The above book excerpt is from:
You're Fired!
Firing Computer Professionals
The IT
manager Guide for Terminating "With Cause"
ISBN 0-9744486-4-8
Robert Papaj
http://www.rampant-books.com/book_2005_1_firing.htm |
