Age Discrimination

Age Discrimination

John W. Sanchez

University of Phoenix

Group DB01BSM06

Kathleen Lee

March 5, 2003

Introduction

Statistics show that current shifts in the work population are changing. One reason is the future labor shortages that we will face if older workers are not continuing to work or encouraged to maintain employment past retirement age. The Federal Age Discrimination in Employment Act established in 1967 (ADEA) does not allow employers who have 20 or more employees from discriminating against employees age 40 and older. Specific exception to ADEA can apply; employers are not allowed to indicate age preference in notices or advertisement when seeking future employees and retaliating against anyone for making a complaint of age discrimination or for helping in an investigation of an age discrimination complaint. Congress has determined that in the rising need to increase productivity, older workers are at a disadvantage in trying to stay competitive in their employment, and attain new employment when let go from a job.

Statues/Regulations

It is unlawful for an employer to hire, discharge or not consider for employment on the individuals compensation, terms, conditions, or privileges of employment, based on age or to limit, separate or categorize his or her employees in any way which would not allow for future opportunities or advancements because of age. An employer cannot reduce the wage or rate of any employee based on his or her age.

In the article “A Celebrated Lawyer Fights for Back Pay” reviews a suit filed by Leonard Garment for age discrimination. Mr. Garment was a 75-year-old successful practicing lawyer for fifty years who was also a jazz enthusiast and wrote a book called “Crazy Rhythm”. Mr. Garment was an attorney for Richard Nixon. A Philadelphia law firm Dechert Price & Rhoads which employed 440 lawyers, saw an opportunity to hire Mr. Garment and increase the law offices...