Hrmg 5700 Employment Law- Equal Assessment Answers

Question

Rread the below link:

Go to the EEOC website regarding laws https://www.eeoc.gov/laws/types/age.cfm.

And Write a short paragraph on Equal Employment Opportunity Commission or two regarding something you learned that you didn't know about prior to this assignment.

Answer

Equal Employment Opportunity Commission deals with all the laws, rules and regulations of employment. Employment Laws covers the concept of age discrimination at workplace, harassment at workplace, employment policies, regulations related to age discrimination and policy guidance documents related to employment (Jolliffy, 2016). The United States Equal Employment Opportunity Commission is accountable for enforcing federal laws that make it illegal to discriminate an employee based on his religion, sex, race and color (Player & Sperino, 2017). The Commission settles the issues related to these issues. This essay highlights the summary on discrimination by age of the employees at a workplace. The law prohibits discrimination in any aspect of employment. Lastly, it focuses on the change and developments of such employment laws.  

Age Discrimination means when an employee is treated unfavorably because of his or her age. Age Discrimination in Employment Act exists to forbid age discrimination of people or employees who are 40 or older. This Act does not protect employees who are below age 40. This particular act also highlights the situation of harassment based on age discrimination at workplace. It is not lawful to harass an employee based on his or her age. Harassment at workplace is illegal in nature (Zimmer & Sullivian, 2017). The Age Discrimination in Employment Act permits employers to favor older workers based on age even when doing so adversely affect younger workers. This Act protects the apprenticeship programs, advertisements and job notices of the employment company. It fulfills pre-employment enquiry of an employer. It also sets specific requirements that claim in certain circumstances. Waivers exist to settle discrimination claims and other employment termination programs.

In the latter part of Age Discrimination in Employment Act, it highlights the illegal practice of the employers. While hiring, no employer can discriminate the employees based on their age. Any employer cannot deprive any individual of employment authorities. It is unlawful for a labor organization to expel the membership of any employee based on age discrimination (Boone James, McKechnie, Swanberg & Besen, 2013). Employee pension benefits plan, allocation to employee account and distribution of benefits must be given equally to all the employees working in the labor organization. There are criminal penalties if any individual forcibly interferes or impedes with a representative of Equal Employment Opportunity Commission while he or she is engaged in the performance of their duties. That individual shall be charged with a fine of Rs.500 or imprisonment for a year. The Commission also has the power to investigate and require the keeping of records necessary for appropriate investigation.

According to Age Discrimination in Employment Act, records are to be made or kept relating to ages. Such records are kept and maintained by employment agencies and labor organizations. These records are later referred for inspection. Date of birth and other details are recorded in these books (Omi & Winant, 2014). An employee can always file a charge with the Equal Employment Opportunity Commission if he or she believes that he was discriminated by age during employment or wrongfully terminated. An employer will not retaliate against the employee who filed a charge of discrimination against him (Kattari & Hasche, 2016). Retaliation occurs when an employment agency takes an adverse action against a covered individual. The employee can use the right of his against the employer. Every employee of a labor organization has the power to go against his or her employee due to various reasons. It will be a form of civil action in a Federal District Court of jurisdiction. The head of departments or agencies must obey the orders, rules and directives of the Equal Employment Opportunity Commission.

The Older Workers Benefit Protection Act of 1990 amended the Age Discrimination Employment Act to prohibit other employees from denying benefits to employees who are old. Older employees are benefitted with retired health plans with eligibility of Medicare (Gonzales, Matz-Costa & Morrow-Howell, 2015). According to this Act, older workers must not get less favors and discriminated by their age in the organization. Keeping the age factor aside, all the employees must be paid equally and there should not be compensation discrimination. Age discrimination causes a lot of trouble in an employment sector or an organization. Every employee must be treated equally. Special preference must not be given to each individual in an organization. Labor organizations of United States are bound to follow the rules and regulations bind by Age Discrimination in Employment Act, 1967.

Wage discrimination must not be made based on discriminated age. Wages needs to be paid to all the employees on time based on their work (Blau, 2016). However, older employees are entitled to receive health benefits. Even after retirement, employees will get remuneration known as pension. The organization will be liable if they fail to pay the deserved amount to the employees. Therefore, age discrimination is considered illegal in all the employment sectors of the United States. Age Discrimination Employment Act governs the role of employees in all the labor organizations. An employment policy applies to everyone regardless of their age. It can be illegal if it has a negative effect on the employees. A statistical data is also available which shows the total number of charges filed and resolved under the Age Discrimination Employment Act. It displays the difference of the wage amount among the employees. To keep a track and record of the salary, the data is often updated.

It can be concluded from this essay that Age Discrimination Employment Act has developed over the years and there were various rules and regulations, which many were unaware about. The Act consists of plenty of facts and relevant sections, which govern the issues, and policies of age discrimination in a labor organization. Under this Act, individuals with the Equal Employment Opportunity Commission have filed cases. The federal agency is charged with enforcing laws prohibiting age discrimination among the employees. It acts as a judicial body. Therefore, the Age Distribution Employment Act has worked on the laws and made every organization free from discrimination of age.

References:

Blau, F. D. (2016). Gender, inequality, and wages. OUP Catalogue.

Boone James, J., McKechnie, S., Swanberg, J., & Besen, E. (2013). Exploring the workplace impact of intentional/unintentional age discrimination. Journal of Managerial Psychology, 28(7/8), 907-927.

Gonzales, E., Matz-Costa, C., & Morrow-Howell, N. (2015). Increasing opportunities for the productive engagement of older adults: A response to population aging. The Gerontologist, 55(2), 252-261.

Jolliffe, P. (2016). Introduction. In Learning, Migration and Intergenerational Relations (pp. 1-33). Palgrave Macmillan, London.

Kattari, S. K., & Hasche, L. (2016). Differences across age groups in transgender and gender non-conforming people’s experiences of health care discrimination, harassment, and victimization. Journal of aging and health, 28(2), 285-306.

Omi, M., & Winant, H. (2014). Racial formation in the United States. Routledge.

Player, M., & Sperino, S. (2017). Federal law of employment discrimination in a nutshell. West Academic.

Zimmer, M. J., & Sullivan, C. A. (2017). Cases and materials on employment discrimination. Wolters Kluwer Law & Business.