Demographic Groups Protected
Basically, the law protects employees whose age has advanced and exposed them to adverse treatment in the workplace. It was enacted to ensure that individuals who are at least 40 years old do not receive harsh and discriminative treatment in employment. To be subject to the Act, one must have attained the age of forty and working in an organization with at least twenty employees. It is clear from the provisions of this law that age is a requisite requirement for one to invoke protection under this law (Cihon, 2017). Only persons who can receive different treatment because of old age are under its protection. The law also recognizes that the demographic group that falls under its array can receive discriminative treatment from a younger, same age, or older person. Therefore, the perpetrators of discrimination are immaterial. The only relevant issue is the age of the employee whose rights have been violated (Sargeant, 2016).
Type of Discrimination Prohibited
Broadly speaking, this Act protects against workplace harassment. In a diverse nation such as the United States, it is common for people from certain demographics to receive preferential treatment at the expense of others. For example, the paper has stated that this Act aims at protecting workers whose age exceed 40 years. Some employers in the country may have subjective policies that favor younger employees and therefore, prompt them to discharge the older ones. As such, this Act aims at preventing workplace in the form of hiring, promotion, compensation, benefits, discharge, and benefits. The overarching intention of the Act was to promote employment of older individuals on the basis of their abilities instead of age. Secondly, the Act was meant to prevent reckless age discrimination in the employment sector and facilitate employers and employees to create strategies of fixing challenges emerging from the impact of age on employment.
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Relevance of the Act to seniors
The Age Discrimination in Employment Act is instrumental in pressing for the employment rights of seniors. As mentioned above, employers are supposed to determine the status of an employer based on his abilities instead of age. In the world today, several advancements have been made that are threatening to promote age discrimination unknowingly and subconsciously. For example, many employers today have resorted to online advertisements on job opportunities. Such a condition means that workers who are non-conversant with the internet and digital technology are ousted. Notably, many of these workers are older members of the society who have not interacted with technology to the same extent as the young people. Another instance of unwilling age discrimination in the workplace that makes the Act relevance for seniors occurs in the actual workplace where robust digital technology is being incorporated continuously (Hart, 2012). The young people, notably, have interacted with technology for a long time. Such a condition gives them added advantage when dealing with workplace technology. On the other hand, seniors, especially ones belonging to the generation of Baby-boomers find it difficult to keep pace with technological advancements and are thus, forced to forfeit their employment.
Recommended Amendment
Following the above observation, it is important for the Age Discrimination in Employment Act to be amended to match the present conditions of the society. For example, it should widen the scope of age discrimination in hiring to illegalize online advertisement only. Employers should be mandated to advertise job opportunities in all forms of media to ensure that all categories of employees are given a chance to view them and make decisions of whether to apply or not (Lindemann & Kadue, 2015). Similarly, the law should be amended so that it allows intensive workplace training before new technologies are implemented in the workplace. Such a condition will promote equality between young and old employees and ensure that the abilities if senior citizens are enhanced with technology. As such, biased employers will stop using technology as a tool of advancing discrimination and unfair treatment of older members of the society.
Effect on the Minority Groups
Undeniably, the law was instrumental in empowering women and racial minorities vested in the commercial setting. Before the enactment of this Act, it was common for women and people of color to be dismissed arbitrarily on the basis of age. Notably, this was an advancement of discrimination that the two minority groups had experienced in the previous years. Since biased employers had no chance to advance their discrimination on the basis of gender, they found a new avenue in age. Essentially, Sargeant (2011) notes that some highly productive employees could be left out because of their racial affiliation but most employers pinned the dismissal on age. With the law in place, racist and sexist employers lost all their avenues of discrimination. Such a condition has enabled women and racial minorities in the United States to work in an environment characterized by equality and job security. Going forward, this Act and the future amendments will enable more women and racial minorities to enjoy more job security, promotions, benefits, and many more.
References
Cihon, P. J. (2017). Employment and labor law . Boston, MA: Cengage Learning.
Hart, A. (2012). How to stop elderly abuse: A prevention guidebook: What steps you can take now . San Jose: Writers Club Press.
Lindemann, B., & Kadue, D. D. (2015). Age discrimination in employment law . Arlington, VA: Bloomberg BNA.
Sargeant, M. (2011). Age discrimination and diversity: Multiple discrimination from an age perspective . Cambridge: Cambridge University Press.
Sargeant, M. (2016). Age Discrimination: Ageism in Employment and Service Provision . London: Taylor and Francis.
