Study Document
Age Discrimination Term Paper
Pages:2 (578 words)
Sources:1+
Subject:Law
Topic:Age Discrimination
Document Type:Term Paper
Document:#13272339
Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age (Facts about age discrimination, 1997). Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment. This discussion reveals that John's stipulations for a young man to do heavy lifting is in violation of the ADEA act.
John Jones was on the wrong side of the ADEA rules from the very beginning when he posted his help wanted ad. The ADEA makes it unlawful to include age preferences, limitations, or specifications in job notices or advertisements (Facts about age discrimination, 1997). Because John used the qualifier "young" in his job description he placed illegal limitations on the job applicant.
It is clear that John obtained the age of the applicant, Jim, either on the application or during the interview. The ADEA does not specifically prohibit an employer from asking an applicant's age or date of birth. However, if an employer does ask for the age of an application, it must be made only for a lawful purpose and not one forbiddent by the ADEA (Facts about age discrimination, 1997). In this intance, obtaining Jim's age may certainly be considered as implied discrimination because of various other circumstances in this case and would certainly stengthen Jim's claim of age discrimination.
John violated the ADEA when he wrote, "Is qualified, but appears to be out of physical shape" on Jim's application. Further, John told Jim that he wanted younger men who had the stamina needed for a lumber yard The ADEA require employers to consider applicants as individuals and to avoid stereotypical assumptions…
Sample Source(s) Used
Bibliography
Facts about age discrimination (1997, January 15). Retrieved November 30, 2004 from U.S. Equal Employment Opportunity Commission Web site: http://www.eeoc.gov/facts/age.html
The hiring process: FAQs (2002). Retrieved November 30, 2004 from FindLaw Web site: http://print.employment.findlaw.com/articles/2443.html
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