... Research paper Author(s): Pierre-Jean Messe Source: International Journal of Manpower Volume: 33 Issue: 4 2012AbstractPurpose – The purpose of this paper is to investigate whether employers’ attitudes towards older workers, especially regarding promotions, really affect their retirement intentions, distinguishing between men and women. Design/methodology/approach – First, the author uses the 1992 wave of the Health and Retirement Study to estimate, through a Fields decomposition, the relative contribution of the feeling of an older worker to be discriminated against regarding promotions; and to explain the self-reported probability to work full time after 62, decomposing by gender. Second, using the two first waves of HRS, the author removes any bias due to time-constant unobserved heterogeneity, to test whether the individual feeling of being passed over for promotion may be misreported, owing to a strong preference for leisure. Finally, the author examines the effect of a change in this variable over time on the intentions to exit early. Findings – The Fields decomposition shows that feeling passed over for promotion plays a non-negligible role to predict retirement plans but only for women. In addition, using panel data allows a misreporting bias to be exhibited that may lead to underestimating of the negative effect of discriminatory practices towards older workers on their retirement plans. Lastly, an increase between 1992 and 1994 in the age-discrimination towards older...
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...Hazen Paper Co. v. Biggins 507 U.S. 604 (1993) Case Study JSale. GB41- Employment Law Professor Shawn Pattinson 1 Do you agree with the court that age and years of service are sufficiently distinct to allow for terminations based on years of service and to find no violation of the ADEA where the terminations result in a greater proportion of older workers being fired? The Age Discrimination in Employment Act (the ADEA) forbids discrimination based on age by protecting individuals over the age of forty from “arbitrary” age discrimination. Congress passed the Age Discrimination in Employment Act to “promote employment of older persons based on their ability rather than age (29. U.S.C. 621b. 1990). In Hazen Paper Co. v. Biggins, the Supreme Court of the United States resolved a split in the circuit courts of appeals and held that an employer does not violate the Act when the employer makes a decision wholly motivated by factors other than age. In Hazen Paper, the employer terminated an employee to prevent the employee from vesting in his pension. Under the employer’s plan, the pension vested based upon the employee’s years of service and was not directly related to age. The Supreme Court rejected the plaintiff’s argument, holding that “age and years of service are analytically distinct” and that it is “incorrect to say that a decision based on years of service is necessarily ‘age-based (Hazen Paper Co. v. Biggins. 507 U.S. 604 (1993). The Supreme Court concluded...
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...Discrimination as an Ethical Issue in Today’s Work Environment Jessica Nelson Legal Environment BUS 670 Professor Jennifer Stephens June 20, 2011 Abstract This paper explores # published articles that give detail as to how and why discrimination is a legal and ethical issue that is extremely common in today’s work environment. These articles discuss the numerous different types of discrimination that are common in existence in the workforce. While it is extremely important to be able to recognize discrimination when it is occurring, it is also critical for companies to examine, as well as to practice, remedies for eliminating these discriminations. Title VII of the Civil Rights Act of 1964 prohibits any racial, religious, gender, ethnic, and color discrimination when it comes to employment in the workforce. This paper explores a couple of these types of discriminations and remedies for eliminating them. Discrimination as an Ethical Issue in Today’s Work Environment According to Mallor, Barnes, Bowers, and Langvardt (2010), employment discrimination is employment behavior that penalizes certain people because of their personal traits that they do not have control over; especially the ones that do not have any type of relation to an effective job performance (p. 1323). Unfortunately, this day and age, discrimination is not uncommon at all, and individuals get discriminated against all the time. Due to this fact, there are many laws that exist in order to help...
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...and employee. “The main body of employment discrimination laws consists of federal and state statutes. The United States Constitution and some state constitutions provide additional protection when the employer is a governmental body or the government has taken significant steps to foster the discriminatory practice of the employer” (Cornell Law, 2011). The U.S. Equal Employment Opportunity Commission, which was given enforcement authority by Congress in 1972, “is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information” (EEOC, 2011). This paper will cover the process of an employee who goes by the name of John and works for a private sector organization, feels that he has been discriminated against by his employer and wishes to file a discrimination complaint against the employer he works for. This paper will also analyze and explain the entire discrimination complaint and civil litigation processes as it would potentially apply to John and his employer through the first steps of the U.S. Equal Employment Opportunity Commission up to the United States Supreme Court Level. Body The E.E.O.C. (Equal Employment Opportunity Commission) of the United States of America has the authority to investigate charges of discrimination against employers who must have a minimum of...
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...Legal Process Paper The federal agency that serves as the body to protect employees from employment discrimination based on race, sex, national origin, religion, age, or disability is the Equal Employment Opportunity Commission (EEOC). Discrimination is the process that treats an individual differently based on preconceived ideas (Duhaime, n.d.). An employee who thinks he has been the subject of discrimination has the right to file a complaint with the EEOC. In this paper, there will be an analysis of an employment discrimination complaint and civil litigation process from the initial EEOC filing and if necessary, through the state, and federal court systems. The paper will also include a discussion of other relevant aspects to address discrimination complaints and workplace disputes. Overview of the EEOC Process John is an employee in a private sector organization, and he thinks he has been subject to discrimination. He wants to file a discrimination complaint. The first step in the process is the requirement to file a Charge of Discrimination. This is done by contacting any EEOC office (EEOC, 2009). The deadline for the employee to file the charge is 180 days after the occurrence of the discrimination. Although the deadline can be a total of 300 days, if the occurrence of the discrimination took place where state or local anti-discrimination laws exist (EEOC, 2009). The state and local agencies responsible for enforcement of the anti-discrimination laws are the Fair Employment...
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...TUI University William A. Green IV Module One Case Assignment MGT 516: Legal Implications in Human Resource Management Dr. Kyle Steadham 18 August, 2014 Introduction For our module ones case assignment we will look at the Gelato Cheese Company. It has 100 employees at its principal processing plant. The plant crew is primarily young with 85% between the ages of 25 and 35. It is located in Heartland Corners U.S.A. which is comprised of 50% white and 25% African American with the remaining 25% Hispanic American, Asian American and others. The company requires a high school diploma for employment on its cleaning crew and the entire crew is white. Statistically, 75% of Heartlands Corners white population has completed high school while 25% of those in minority groups have completed high school. We will look to see if the company is in in compliance with Title VII of the Civil Rights Act (CRA) of 1964 and the Age Discrimination Employment Act (ADEA) and if the company should make any changes to their policies and why those changes are necessary along with recommendations. We will also discuss how Title VII of the CRA of 1964 and the ADEA may or may not apply and how disparate treatment and adverse impact may or may not apply. There is also a reference page at the end of the paper quoting references and a grading rubric. Compliance to CRA 1964 The CRA barred racial discrimination in businesses, voter registration, and in any program that received support...
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...three important regulations examined in detail by published articles on the internet that have been based off or followed the Equal Employment Opportunity or Title VII of the Civil Rights Act of 1964. Within this paper, I will detail certain advantages and disadvantages of each individual regulation, along with personal points of preference and close examination of these historical regulations that have help shape the American work force and the counited definition that certain aspects of them have on major functions within America’s Human Resource Management force. Accompanying this paper will be personal sentiments and assessments regarding the Rehabilitation Act of 1973, Age Discrimination in Employment Act, and the Civil Rights act of 1991. Regulations Rehabilitation...
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...Age Discrimination 1 Running Head: Age Discrimination in the Work Place Final Ethics Paper Submitted To: Professor Peru May 28th, 2010 GEB 452 – Organizational Ethics Age Discrimination 2 Abstract In today’s society, many companies are looking for that “Pop”. What I mean by “Pop” is having a fresher, younger mind/ body do the job. Many of the older employees that have been on the job for such a long period of time, are now endangered of losing their positions to that “Pop” that those companies are looking for. Why are they endangered? Because of the fact of many reasons such as, (physical labor, presentation, & not being technical savvy). In this paper I will talk about many different scenarios and the pros and cons of Age Discrimination in the Workplace. Age Discrimination 3 What Is Age Discrimination in the Workplace? Age discrimination in the workplace is the unjust denial of promotions and training for new positions on the basis of age. It also includes unfairly targeting older workers for layoffs or denying older workers benefits such as health care coverage that are provided for younger workers. Although there have been laws against age discrimination on the books since the 1960s, age discrimination is a persistent problem in many workplaces. In fact, according to a survey recently conducted by worldwide placement agency Adecco, age discrimination in the workplace was the most often named form of discrimination by employees. Especially...
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...Abstract The effects of discrimination have been pervasive in our society for many years. Over 30 years ago, initial legislation was enacted to eliminate discrimination in employment due to race, color, sex, religion or national origin. Several years later, the Age Discrimination Employment Act of 1967 made it unlawful to discriminate against any individual with respect to his/her compensation, terms, conditions or privileges of employment due to age. However, age discrimination continues to be a problem that particularly manifests itself in the workplace. This paper is concerned with examining the origins of the discrimination that occurs in the workplace and the background of ADEA. Age Discrimination Act Discrimination against older worker occurs so often that Congress made an act to protect older workers from discrimination; this helps prevent increased unemployment for those older than 40 years of age. In 1967, congress made the Age Discrimination in Employment Act for the purpose of promoting the employment of older workers based on their ability instead of their age. This act applies to employment by public and private employers and by the unions and employment agencies, as well as foreign companies that have more than 20 workers located here in the United States. In 1967 the act covered employees between the ages of 40 and 65, the upper limit was extended 70 in 1978 and then the limit was removed completely later on...
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...Legal Process Paper All over America many Americans have been the victims of some form of discrimination. Even innocent children have fallen victim as students to bias teachers who prefer one personality to another. Still, an even more detrimental form of discrimination can be found hidden in the U.S. workplace. Discrimination in the workplace, or Employment discrimination, can “include bias in hiring, promotion, job assignment, termination, compensation, retaliation, and various types of harassment” (Cornell, 2009). Though unfortunate, there are only some types of discrimination that are currently punishable through the U.S. legal system. “Employment Discrimination laws seek to prevent discrimination based on race, sex, religion, national origin, physical disability, and age by employers” (Cornell, 2009). John is an employee in the private sector, which means he has protection from discrimination for any of these reasons. Usually, discrimination laws protect minority populations or groups traditionally affected by discrimination in the past. For example, if John is a white male he will not likely be able to file with the EEOC for racial discrimination. On the other hand, if he is Native American or African American, he will find protection under Title VII of the Civil Rights Act of 1964. In the same way, if John is over the age of 40 “the Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating on the basis of age” (Cornell, 2009)...
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...Trident University International XXXXXXXXXX Management 516 Module1 Case Study: Gelato EEO and HRM 2013 Professor: INTRODUCTION Companies operating in the United States need to be in compliant with Equal Employment Opportunity Commission (EEOC) regulations. There are many laws that are governed by EEOC regulations but in this paper, I will review Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act (ADEA). I will apply these two laws to the Gelato company hiring practice operating out of Heartland Corners, U.S.A. With the data I have, I will evaluate if Gelato is in compliant with the Title VII of the Civil Rights Act of 1964 for hiring black and other minority groups in the local area. I will also explore their practices of hiring younger employees to determine if they are violation of the ADEA. Lastly, I will make recommendations for compliance with the Title VII of the Civil Rights Act of 1964 and ADEA if any or needed. THE ISSUE WITH GELATO Gelato is a larger cheese maker that distributes throughout the United States. Gelato is located in Heartland Corners, U.S.A. and employs approximately 200 hundred workers. Currently their employees’ racial make-up is 85 percent white and 15 percent other races. The population of Heartland Corners is 50 percent white and 25 percent African American with the other 25 percent mixed with Hispanic, Asians and other races. The question here is whether or not Gelato is...
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...Legal Process Paper According to Bennett-Alexander and Hartman (2007), many forms of discrimination exist and different agencies can impose multiple penalties for noncompliance. In this paper, an employee named John wants to file a discrimination complaint against his employer. The following key elements will be discussed: (1) description of what is discrimination, (2) Equal Employment Opportunity Commission (EEOC) process, (3) civil litigation process, and (4) court appearance. A summary and conclusion will finalize the paper. What is Discrimination According to the EEOC (2011), reprisals or disciplinary actions against employees based on color, race, age, religion, disability, sex or political affiliation is considered a form of discrimination. Discrimination can apply to retaliation for filing a charge of discrimination and can be associated to the hiring of employees. Understanding how discrimination affects the workplace is important to everyone and understanding how to file a complaint is equally important. Equal Employment Opportunity Commission Process The EEOC was created in 1964 by the federal government and is used to help protect employees from discrimination. John wants to file a discrimination complaint, so he will have to provide his name, phone number, address, employers information, and a description of the discrimination violation. All complaints will be reviewed by the EEOC if the...
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...Legal Process Paper University of Phoenix Shannon Stracener MGT/434 10/27/14 Jennifer Schneider Legal Process Paper John is an employee in a private sector organization and wants to file a discrimination complaint against his employer. Although the U. S. Equal Employment Opportunity Commission (EEOC) enforces Federal Laws that protect employees and applicants from employment discrimination in the work place, which includes bias in hiring, promotion, job assignment, termination, compensation, retaliation, and various types of harassment, only some types of discrimination are currently punishable through the U. S. legal system. Though anyone can file a discrimination complaint with the EEOC, John must show that he has been discriminated against because of his race, religion, national origin, disability, or age in order to receive a right-to-sue letter. Filing a Charge of Discrimination As an employee in the private sector, if John isn’t sure whether or not his employer is covered, he should contact one of the EEOC field offices as soon as possible and they can make that decision. Even if John’s employer is not covered by the laws that the EEOC enforces, his employer may still be covered by a state or local agency that enforces that law. The EEOC can refer John to the appropriate state or local agency that enforces anti-discrimination laws. “Through its administrative enforcement process, the Commission receives, investigates, and resolves charges of employment...
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...Introduction and Conclusion Are affirmative action policies and programs still necessary in this day and age, even if it creates reverse discrimination? One of the country’s top debated issues is affirmative action. Affirmative Action came about when President John F. Kennedy signed Executive Order 10925 that created the President’s Committee on Equal Employment Opportunity whose purpose was to ensure all employees are treated fairly, without regard to race, creed, color, or national origin (Elliott & Ewoh, 2000). Since its inception, Affirmative Action program and policies have taken on a life of their own. Affirmative action is a term that refers to mandatory and voluntary programs intended to affirm the civil rights of designated classes of individuals. Affirmative action or Executive Order 11246 (EO11246) was created, after the civil rights movement, by the federal courts to ensure companies were not using discriminatory hiring practices. Affirmative action is similar but different from equal opportunity. Equal opportunity is an attempt to avoid discrimination by applying the performance related criteria to all applicants, in other words, each individual should be given the same treatment as all other individuals. Unequal treatment of minority groups is considered discriminatory and illegal. This process ignores the past history of discrimination of an employer and also keeps the use of categories in hiring practices from being utilized. Affirmative action...
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...DISCRIMINATION IN THE WORKPLACE Discrimination in the workplace has been present throughout history and has branched into various forms in the past and existing time periods. Individuals suffer losses and are jobless because of discrimination. Discrimination happens when an employee is treated unfavorably because of their race, skin color, gender, disability, religion, or age. There are four discrimination types that can be identified, they are disparate treatment, disparate impact, pattern or practice, and retaliation. Disparate treatment discrimination exists when individuals in similar situations are treated differently and when the differential treatment is based on the individual’s race, color, religion, sex, national origin, age, or disability status (Giffin, 2008). An employee with the same skills of other employees may not get to benefit like others because the victim may have a different religion, is an example of disparate treatment discrimination. If this employee tries to file a charge, they must prove that there was a discriminatory motive. Some companies can treat a member differently when bona fide occupational qualification exists for performing a particular job. Disparate impact discrimination is when an employment practice is neural and non-discriminatory in its intention but, disproportionately affects individuals having a disability or belonging to a particular group. An example of this discrimination is if the job requires a person to be strong...
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