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Age Discrimination in Employment Act

Analyzing recent legislation protecting employees from discrimination and exploring the Employment-at-Will Doctrine and its exceptions.

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Added on  2022-08-18

Age Discrimination in Employment Act

Analyzing recent legislation protecting employees from discrimination and exploring the Employment-at-Will Doctrine and its exceptions.

   Added on 2022-08-18

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Running head: EMPLOYMENT LAWS
EMPLOYMENT LAWS
Name of the Student
Name of the University
Authors Note
Age Discrimination in Employment Act_1
EMPLOYMENT LAWS1
1.
Employers are prohibited to discriminate against employees on the ground of race, sex,
caste, creed, religion, color, nationality, and sexual orientation. Numerous federal laws forbid
workplace discrimination, which includes:
Equal Pay Act, 1963;
Title VII of the Civil Rights Act, 1964;
Age Discrimination in Employment Act, 1967;
Americans with Disabilities Act, 1990; and
Civil Rights Act, 1991
All of the above-mentioned laws are implemented by the Equal Employment Opportunity
Commission (EEOC) of the US. This prohibits discrimination against workers in training,
recruiting, wages and classification. They also forbid termination for an employee who reports
discrimination or who is interested in an investigation into discrimination at the workplace
(Krieger et al., 2008). However, among these Acts two are discussed below:
Age Discrimination in Employment Act
Employers are forbidden from discriminating based on age under the Age Discrimination
in Employment Act (ADEA) of 1967. The prohibited activities are closely related to the
procedures defined in Title VII which cover workers from 40 to 65 years. The Age
Discrimination in Employment Act of 1967 provides clear benefits, insurance, and pension
schemes guidance. The law has been explained in three separate areas by the US Supreme Court
during the period 2007-2008. First, distinct impact lawsuits brought in compliance with ADEA
Age Discrimination in Employment Act_2
EMPLOYMENT LAWS2
also require evidence that the program or system that has produced the alleged disparate impact
is discriminatory. A contrasting argument is that the employer has formed a strategy or scheme
that appears fair in his face, but secretly discriminates according to age. Concerning this item, the
burden of proof lies to the plaintiff. Secondly, workers who request an ‘intake questionnaire’ for
adjustment to the Equals Employment Opportunity Commission (EEOC), have complied with
the status restriction provision and may then bring proceedings to court within 60 days of a
suspected ADEA breach. There is no need to file an official charge. Third, a claimant-employee
can now file a private suit against federal employers for retribution under the ADEA. Such
private proceedings are reserved for plaintiffs dealing with reprisals because the claimant-
employee has already filed a claim on discrimination against the age of those workers (Bjelland
et al., 2010).
The Equal Pay Act
Briefly, the Equal Pay Act (EPA), 1963 forbids gender-based pay discrimination and
specifies that males and females shall receive an equal wage in the same workplace, for the
considerably fair work. All kinds of compensation, such as payments, bonuses, holidays and
vacation pay and other advantages are included in it. This specific Act also permits people to sue
for discrimination on the ground of payment claims, under Title VII of the Civil Rights Act.
Employers are not lawfully permitted to repress workers who take action against unfair
employment practices. However, the legislation provides for pay differentials when people are
assessed based on factors such as superiority, production levels, and quality (Giapponi &
McEvoy, 2005).
Age Discrimination in Employment Act_3

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