Age Discrimination

Discrimination in employment based on age is unlawful according to the ADEA (1967).
The act prohibits discrimination in application, interview, hiring, benefits, and termination,
among other issues (EEOC, 2016). Older workers are discriminated against in new opportunities.
Arbitrary age limits disregard ability and performance to the disadvantage of the older
employees, who are available and willing to continue working. New employees demand less
salary than seasoned workers and modern industry is more technology-driven, which favors the
younger techno-savvy workers. Eventually the older persons are locked out of the labor market
(Filkelstein, Burke & Raju, 1995).

At 67, a person is quite aged and perhaps not productive enough, but productivity depends on the
individual, rather than their age. Older employees are well-tuned to the routines of operations,
such as construction. The manager is probably right about Hank Smith’s lack of productivity,
considering that he has worked for 32 years in the same organization and not yet attained the
departmental manager’s position. Moreover the company is a construction company that is quite
demanding on physical effort, which is likely beyond Hank’s ability. Moreover, senior citizens
aged 65 years and above are expected to gracefully retire from employment and pursue less
strenuous activities (AARP, 2014).

Mr. Smith can try and settle the dispute out of court with his employer, who is more inclined to
accept a settlement if shown to be biased by age. He can argue that the new manager has not
been around long enough to know his work performance, and that he has worked faithfully for
32 years, which is proof of competence. He can demand to know the minimum work output and
whether he has consistently failed to attain the threshold (Burke, 2016). His case is hard to prove.

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Alternatively, he can choose to waive his ADEA rights in exchange for consideration if he has
proof that he was terminated solely on account of his age (Findlaw, 2014).

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References

AARP,. (2014). Age Discrimination In Employment Act Fact Sheet – AARP. Retrieved 19
February 2016, from http://www.aarp.org/work/employee-rights/info-02-
2009/age_discrimination_fact_sheet.html

Burke, M. (2016) (1st ed.). Retrieved from
https://www.researchgate.net/profile/Michael_Burke5/publication/232602490_Age_Discr
imination_in_Simulated_Employment_Contexts_An_Integrative_Analysis/links/54aee8480cf21
670b35881aa.pdf

EEOC,. (2016). The Age Discrimination in Employment Act of 1967 (ADEA). EEOC.
Retrieved 19 February 2016, from http://www.eeoc.gov/laws/statutes/adea.cfm

Filkelstein, L., Burke, M., & Raju, N. (1995). Journal of Applied Psychology (4th ed.).
Retrieved from
https://www.researchgate.net/profile/Michael_Burke5/publication/232602490_Age_Discriminati
on_in_Simulated_Employment_Contexts_An_Integrative_Analysis/links/54aee8480cf21670b35
881aa.pdf

Findlaw,. (2014). Age Discrimination in Employment – FindLaw. Retrieved 19 February
2016, from http://employment.findlaw.com/employment-discrimination/age-discrimination-in-
employment.html