SCHOOL OF BUSINESS
ASSIGNMENT COVER SHEET
STUDENT DETAILS
Student name:
Lam Nguyen Hong Xuan
Student ID number:
B1112015123
UNIT AND TUTORIAL DETAILS
Unit name:
Business Law
Lecturer or Tutor name:
Unit number:
BL- T221WSB -2
Dr. James Weisman & Dr. Sean Le
ASSIGNMENT DETAILS
Title:
Essay: Problem Questions
Topic:
Age discrimination in workplaces
Length:
1651 words
Due date:
25/07/2021
Date submitted:
25/07/2021
DECLARATION
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I hold a copy of this assignment if the original is lost or damaged.
I hereby certify that no part of this assignment or product has been copied from any other student’s
work or from any other source except where due acknowledgement is made in the assignment.
I hereby certify that no part of this assignment or product has been submitted by me in
another (previous or current) assessment, except where appropriately referenced, and with
prior permission from the Lecturer / Tutor / Unit Coordinator for this unit.
No part of the assignment/product has been written/produced for me by any other person
except where collaboration has been authorised by the Lecturer / Tutor /Unit Coordinator
concerned.
I am aware that this work will be reproduced and submitted to plagiarism detection software
programs for the purpose of detecting possible plagiarism (which may retain a copy on its
database for future plagiarism checking).
Student’s signature:
Lâm Nguyễn Hồng Xuân
Note: An examiner or lecturer / tutor has the right to not mark this assignment if the above declaration has
not been signed.
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Topic: Age discrimination in workplaces
Although we live in a 21st-century society with many revolutions for humanity and changes in
ways of thinking, some unfairness and discrimination still exist in some spheres of life, especially
employment. While there are various types of discrimination in a workplace, all of which are
illegal, one considered to be the worst next to racial and gender discrimination is age
discrimination. Ursel and Armstrong-Stassen (2006) have informed us that "average verdicts in
age discrimination lawsuits are 200-500 per cent than those for sex, race, or disability
discrimination, and age discrimination complaints are the fastest-growing category of complaints
filed with the Equal Employment Opportunity Commission" (p. 89). At this time, it has become a
complicated issue that not only causes controversy but also influences directly on the people
themselves. As a brilliant poet and civil rights activist, Maya Angelou quotes, "People will forget
what you said, people will forget what you did, but people will never forget how you made them
feel " (Gallo, 2014). Even though the law of age discrimination in working environments is
constantly gaining effect, the battle against this issue is never easy. This essay will first define
what age discrimination is and its impact on employment, continue by mainly focusing on the
applications of the United States laws to prevent this issue, and last will give some
recommendations.
Discrimination is a word that is carrying an immense unfavorable connotation. It describes the
behavior as treating persons differently, which can hurt their dignity as a human (McConnachie,
2014, p. 610). And according to Australian Human Rights Commission, age discrimination, also
commonly known as ageism, means an individual is treated differently or unfairly in the same
situations just on the grounds of their chronological age (Australian Human Rights Commission,
2012). This term was first used by a gerontologist, named Robert Butler when he published an
article in 1969 declaring ageism as a "major national problem" (Levy; Macdonald, 2016). As
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mentioned above, ageism is not a new topic; however, there has been a growing concern over the
last few years as it becomes more prevalent, particularly in workplaces. Even though it is known
to be illegal to segregate a person from their justified level of employment owing to their age, the
practice is not much clear to determine, and restraining it is even more complex (Devine, 2011).
Ageism in workplaces can be a discrimination against any age group (Farney, Aday & Breault,
2006, p. 215); however, it seems like mainly occur among adults in particular ages of 55 and over.
Some predominant biases of this may include saying that a senior worker cannot cope with new
methods or technologies of the industry 4.0 era, is less productive or lacks versatility and
aggressive spirit. Besides, it is thought that hiring younger employees will be an effective saving
policy for a company as they cost less with regards to insurance or pension benefits. The problem
of age inequality at work can develop under varying forms during personnel decisions on hiring,
firing, promoting and especially mandatory retirement. This perception of elderly workers as
burdens is exactly inappropriate and ludicrous because a person's age can't be an element in the
scale of treating people. Since all members of this society will get old, ageism will be a long cycle
problem that people will undoubtedly face at some point in their lives. Furthermore, this issue can
bring more effects for society and business than one might realize, so it is a matter of concern for
the elderly population group and each individual in this society -more actions needed to be taken
as soon as possible.
To do it, the law of age discrimination is in continuous progress to influence each corner of the
world before it becomes too late (Prokurat, 2012). America took a significant step forward in the
battle against discrimination at workplaces when adopting the Civil Rights Act of 1964, commonly
known as TitleVII. This legislation aims at preventing injustice behaviours in workplaces based
on race, colour, religion, sex, or natural origin (History.com Editors, 2010). To extend the laws as
spelt out, in 1967, the Age Discrimination in Employment Act (ADEA) was passed by Congress,
which makes it unlawful to jeopardize a person's employment solely due to their age. From that
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point on, workers aged between 40 and 65 will be protected from discrimination in every phase of
employment, including hiring, training, promotions, layoffs, and retirement. In 1978, the upper
limitation about employee's age was extended to 70, but the limit was obliterated at last. Moreover,
the Older Workers Benefit Protection Act (OWBPA) in 1990 and 1998 also amended the ADEA
to extend the protections for older employees specifically. For example, many strict codes were
set by OWBPA to prevent organizations from disciplining their pension schemes for senior
workers. An employee or candidate needs to file their complaint to the Equal Employment
Opportunity Commission (EEOC) on any occasion they believe to be discriminated against in
workplaces on the grounds of their age. (Doyle, 2020). This institution enforces ADEA, and then
a charge will be filed within 180 days from the date of the suspected violation. In addition to the
legislative requirements, EEOC is the department responsible for investigating laws on federal
discrimination and seeking remedies for a candidate or an employee in the United States (Kenton,
2020). It investigates companies that are involved in complaints of discernment against their
employees based on age.
However, there are some exceptions to the statute. Exclusions known as bona fide occupational
qualifications (BFOQs) have been recognized as lawful under the rule of both Title VII and the
ADEA. These are circumstances where age is among elements that proven to affect an individual's
job performance. A common instance is that a moving company employer can exclude a 75-yearold man for a mover position as moving requires much strength for heavy lifting and driving long
distances so that man will be thought not to work effectively. To become a BFOQ, an age-based
policy must prove that it has no choice to evaluate an employee's quantifications if not relying on
age-based benchmarks. Some most well-known applications of BFOQ may include the maximum
hiring age or mandatory retirement age. On the contrary, the American Association of Retired
Persons (AARP) doesn't share that opinion; they think that the hiring and retirement ages can't be
compulsory for any worker. So the elimination of mandatory retirement is one of the most essential
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AARP's legislative priorities. Moreover, their priority is also to protect workers' right to sue in
exchange for an offer of early retirement compensations.
Even though the United States has passed federal laws banning age-based discrimination in
employment since the 1960s, with the advent of the Equal Treatment Framework Directive
(Directive 2000/78/EC), many European countries have recently implemented their first
legislation about this issue (Lahey, 2010a). For instance, Italy, Germany, Turkey, and several
countries have ensured that an elderly worker will obtain social security to justify a dismissal or
termination (Dowling, 2013). Furthermore, other common-law nations, including Australia,
Canada, and New Zealand, enacted strict age discrimination codes a few years ago, and now an
ever-increasing number of civil jurisdictions such as Costa Rica, Israel, or the European Union's
continental states (EU) are also trying the same. According to Lahey (2010b), however, European
law calls for less enforcement and more exemptions than comparable cases in the US. Directive
2000/78 not only targets prejudice solely towards older workers but also disallows ageism among
young workers.
All things discussed above are the legislations from the governments, but in every company, some
actions can be done immediately by employers to resolve this problem. The first recommendation
is educating people through classes or special courses about the impacts of age discrimination on
seniors and society or business in general. These courses would help young generations to remove
the biased perceptions about the elderly community. With the second recommendation,
organizations can also carry out some evaluations of the company's culture, proactive training,
improvements in recruiting practices, careful plans for compensation, and an enhanced dedication
to present a work environment that caters to all age groups. It is worth noting that training and
peering strengthening sessions can also help avoid discrimination based on age. Besides that, the
other vital approaches to combat ageism in the organization including routinely monitoring the
workplace and communicating openly to the workers to identify any potential problems not
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necessarily related to the discrimination on the grounds of age. Combining these measures and
complying with the law, employers can defend their organizations from any threat of facing a
discriminatory act. To make the working environments more professional, such stereotypes and
prejudices against workers in the golden ages should be eliminated. Whether old or young,
everyone must be treated with respect plus given fair chances not only in working but also in other
spheres of this life.
Taking everything into account, it has been learned that ageism in workplaces is a serious issue
that can not be overlooked. Notably, under the pressure of the Covid-19 pandemic, it is highly
likely that the incidence of inequality at workplaces based on age will continuously increase and
affect society in a significant way (Suh, 2021). For this reason, efforts need to be promoted at the
fastest speed. Within an organization capacity, the best solution which can be applied is adopting
anti-discrimination policies and implementing compliance with the existing laws such as EEOC,
ADEA and OWBPA. In addition, the federal government will also ensure that all the provisions
and requirements of the ADEA are fully upheld and complied with by all employers. Recruiters
and managers should understand that an individual's ability, not their age, will determine their
qualifications for getting and keeping a job. Tackling ageism benefits the older generation and the
economy generally as fairness at workplaces always goes hand in hand with higher job
performance. Everyone in this world deserves a happy and stress-free life regardless of their age.
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Reference List:
1. Australian Human Rights Commission. (2012). Age Discrimination, know your rights.
Retrieved 6 July, 2021, from
https://www.humanrights.gov.au/sites/default/files/content/age/publications/Age%20Disc
rimination.pdf
2. Devine, J. “Age Discrimination in the Workplace.” EzineArticles, 23 July 2009.
Retrieved July 6, 2021, from
https://ezinearticles.com/?Age-Discrimination-in-the-Workplace&id=2651617.
3. Doyle, A. (2020, June 16). Age Discrimination Issues: How Old Is Too Old? Retrieved
July 9, 2021, from
https://www.thebalancecareers.com/age-discrimination-issues-in-the-workplace2058453#age-discrimination-issues
4. Dowling, D. (2018, April 11). Bringing Global Age Discrimination Provisions into
Compliance. Retrieved July 9, 2021, from
https://www.shrm.org/resourcesandtools/hr-topics/global-hr/pages/global-agediscrimination-compliance.aspx
5. Farney, L., Aday, R. & Breault, K. (2006). Age preferences: How old is “Too Old” for
selected service providers among young, middle-aged, and older adults? Educational
Gerontology, 32, 215-224. Retrieved from June 29, 2021 from
https://doi.org/10.1080/03601270500476870
6. Gallo, C. (2014, May 31). The Maya Angelou Quote That Will Radically Improve Your
Business. Forbes. Retrieved from June 29, 2021, from
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https://www.forbes.com/sites/carminegallo/2014/05/31/the-maya-angelou-quote-thatwill-radically-improve-your-business/?sh=5758996f118b
7. History.com Editors. (2010, January 04). Civil Rights Act of 1964. Retrieved July 9,
2021 from https://www.history.com/topics/black-history/civil-rights-act
8. Kenton, W. (2020, July 7). Equal Employment Opportunity Commission (EEOC).
Retrieved July 9, 2021 from
https://www.investopedia.com/terms/e/equal-employment-opportunity-commissioneeoc.asp
9. Lahey, J. (2010a, November). International Comparison of Age Discrimination Laws.
Retrieved July 9, 2021, from
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4154604/#R16
10. Lahey, J. (2010b, November). International Comparison of Age Discrimination Laws.
Retrieved July 9, 2021, from
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4154604/#R16
11. Levy, Sheri R., and Jamie L. Macdonald. “Progress on Understanding Ageism.” Journal
of Social Issues, vol. 72, no. 1, Mar. 2016, pp. 5–25. Retrieved July 13, 2021, from
https://spssi.onlinelibrary.wiley.com/doi/10.1111/josi.12153
12. McConnachie, C. (2014). Human dignity, 'unfair discrimination' and guidance. Oxford
Journal of Legal Studies, 34(3), 609-629. Retrieved July 5, 2021 from
https://doi.org/10.1093/ojls/gqu002
13. Prokurat, S. & Fabisiak, J. (2012). Age Management as a Tool for the Demographic
Decline in the 21st Century: An Overview of its Characteristics. Journal of
Entrepreneurship, Management and Innovation. 8. Retrieved July 13, 2021, from
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https://jemi.edu.pl/vol-8-issue-4-2012/age-management-as-a-tool-for-the-demographicdecline-in-the-21st-century-an-overview-of-its-characteristics
14. Suh, J.Y. (2021, February 11) Age discrimination in the workplace hurts us all. Nat
Aging 1, 147. Retrieved July 13, 2021, from https://doi.org/10.1038/s43587-020-00023-1
15. Ursel, N. & Armstong-Stassen, M. (2006). How age discrimination in employment
affects stockholders. Journal of Labor Research, 27(1), 89-99. Retrieved June 29, 2021
from https://doi.org/10.1007/s12122-006-1011-2
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