MAN 325 Legal Report - Quinn Romasko MAN 325-Loescher Legal...

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Quinn Romasko MAN 325-Loescher Legal Report 3/30/11 Age Discrimination ABSTRACT: This report discusses age discrimination relating to employment decisions, in particular the legislation and lawsuits associated. The Age Discrimination Employment Act (ADEA) began as a way to inhibit age discrimination during hiring, but after several amendments is now expanded to all employment choices. In this report there are two lawsuits demonstrating poor employer understanding of the ADEA. Takeaways from these lawsuits include the importance of pretext in court, documentation of equal treatment, and refraining from physical action that may be perceived as bias. From these cases, several general guidelines are derived to prevent future problems: 1. Be able to demonstrate that an employee’s defining characteristics or qualifications are job essential. Documentation is valuable for a lawsuit. 2. Take measures to avoid personal bias. It is difficult to prove bias is not involved in decision making and can result in a lawsuit. 3. Prepare a company to avoid lawsuits by educating managers, HR training, developing a strong reporting system, and effective discipline for difficult managers. 1
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HISTORY OF AGE DISCRIMINATION: The history of age discrimination section will discuss the cause of age discrimination legislation and evolution of the law preventing it. Initial Law The first segment will describe the first the legislation for age discrimination, the Age Discrimination Employment Act (ADEA). ADEA began in 1967 as a way to combat unfair opportunity for elderly workers. According to Issacharoff and Harris, “In 1967, half of all job openings in the private sector expressly excluded applicants over fifty-five years of age, and a quarter extended its age exclusion to those over forty-five” (as cited in Dosanjh, 2001, Foreward: ADEA Through the Ages). Initially, the belief was that age did not affect promotions and benefits. Thus, this law focused on age discrimination for the hiring process. It also covered only the ages of 40 to 65. Amendments Next, this segment will cover the changes made to the ADEA as a result of changing trends in workforce and new discoveries. There were two main influences to the changes in the ADEA. First, lawmakers realized that age discrimination was not limited to hiring. There was also a tendency of employers to pass up older employees for training, promotions, layoffs and other employment decisions. First, the Older Workers Benefit Protection Act (OWBPA) set guidelines concerning the encouragement of early retirement. Also, prohibition of mandatory retirement commenced with the amendment in 1986 and 1994. The latter was for tenured workers, police officers and firemen unless there was a bonafide occupational qualification (BFOQ). Second, the Civil Rights Act of 3
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1991 added strength to the ADEA making it illegal to consider age in a decision regarding the hiring, firing, promotion, etc. of an individual. Finally, there was an expansion of the guidelines which prohibited disparate treatment and disparate impact
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This note was uploaded on 06/15/2011 for the course MAN 325 taught by Professor Staff during the Fall '08 term at University of Texas at Austin.

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MAN 325 Legal Report - Quinn Romasko MAN 325-Loescher Legal...

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