Age Discrimination in the Workplace

Age Discrimination in the Workplace

In today's 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 today's 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.

Employment Relationships

Employment 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 employer's 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 company's 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)

Legal Considerations

Legal 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 Workplace

According 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 Situations

Although 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.

Harassment

Another 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 Considerations

One major concern with age discrimination protection is the plaintiff's 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