Principles of Employment Law : Assignment

Added on - 24 Apr 2021

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Running head: EMPLOYMENT LAWEmployment LawName of the StudentName of the UniversityAuthor Note
1EMPLOYMENT LAWIntroduction and Thesis StatementThe process of mandatory requirement is also called enforced environment. It is a processthrough which people holding certain officers and jobs at a certain age are asked to resign by thevirtue of law or industrial custom. The process of mandatory requirement can be justified byproviding an argument that a few occupations may become too dangerous for a person of aparticular age group or the person of a certain age group may not possess the level of mental andphysical skill required to do the Job. Another notion on which the employers rely upon is that thecapability and productivity of a person declines significantly when the person reaches the age of70 (Mulders et al., 2014). The process of mandatory requirement is introduced as a way ofpreventing the decline in productivity for the employer. On the other hand the age at which aperson has to retire mandatorily is in most cases arbitrary in nature and is also not in relation tothe evolution of person physically. Therefore the process of mandatory retirement is often treatedas an act of ageism or age discrimination (Schlachter, 2011).The thesis statement of this essay is thatMandatory Retirement in Canada is not ethicaland the Employers should not be able to Force Older Employees to Retire.The paper discusses the summery of the legal issues in relation to mandatoryrequirement. The paper provides an argument against the concept of mandatory retirement in thelight of legal and ethical framework. The paper also provides arguments which have been madein favor of mandatory retirement process. The paper then compares and contrasts the differentviews to come to a proper conclusion.Legal framework for Mandatory retirementAgeism
2EMPLOYMENT LAWIn order to understand the legal framework in relation to mandatory retirement the reasonwhy such retirement caused needs to be analyzed based on the theory of Ageism andDiscrimination.Weinberg and Scott (2013)has defined ageism as the process of discriminationagainst and stereotyping of groups and individuals based on their age. The process may besystematic or causal. This term had been coined for the first time by Robert Neil Butler in 1969in order to describe the discrimination which takes place in relation to seniors. According toButler Ageism is a combination of three elements which are connected to each other. Theseelements are the prejudicial attitude which others have towards the people of old age and ageingprocess, practices of discrimination against old people and institutional policies and practiceswhich perpetuate stereotypes in relation to elder people. Ageism is social evil in the same was asdiscrimination. Article 718.2, clause (a)(i), of the Criminal Code In Canada provides meaning asthose aggravating situations among other conditions "evidence that the offence was motivated byage" (Szinovacz, 2013). Thus the concept of ageism itself is illegal in Canada which it is appliedin different situations.DiscriminationAge discrimination results out of actions which are take for the purpose of limiting ordenying opportunity to a group or individual based on their age. According toBotwinick (2013)age discrimination is the action which has been taken in relation to ageist belief or attitude of aperson to provided unfair treatment to a person based on his or her age as compared to others.This form of discrimination takes place in both institutional and personal level. A person who isonly may be directed to restrain from certain activities as they are too old to do so such asplaying a physical game. On an institutional level a person who is old may be asked to quit aparticular job as they are now considered an unfit to carry out the activity which has been doing
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