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Comparing The Age Discrimination in Employment Act (ADEA) and The Americans with Disabilities Act (ADA).
(1.) Review and compare the ADA and the ADEA regulations in relation to managing disabled and older workers.
(2.) How are they similar?
(3.) How are they dissimilar?
(4.) What are the professional and legal responsibilities in relation to managing disabled and older workers?
(5.) What are the professional and legal responsibilities when working with these populations?
Please provide references, and it must be at least 300 words.
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Solution Summary
The following will compare the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA) and review the regulations in relation to managing disabled and older workers. The information discusses how are they similar and dissimilar, and what professional and legal responsibilities employers have when managing these populations.
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The Age Discrimination in Employment Act of 1967 (ADEA)
As amended in 1986, this act prohibits discrimination in pay, benefits, or continued employment for employees age 40 and over. Like Title VII, this law is administered by the EEOC. A key objective of the law is to prevent financially troubled companies from singling out older employees when there are cutbacks. In fact the Supreme Court has ruled that an employee over 40 is not required to show that a person under 40 replaced him or her in order to bring a claim of age discrimination. However, according to the EEOC, when there are cutbacks, older workers can waive their rights to sue under this law (e.g., in return for sweetened benefits for early retirement). Under the Older Workers Benefit Protection Act (OWBPA), an individual employee who does not have a pending claim has 21 days to consider such a waiver (45 days if terminated during a group reduction in force or if leaving voluntarily through a group incentive program), and 7 days after signing to revoke it. Even after signing a waiver, an employee can still sue for age discrimination if the employer did not comply with OWBPA requirements for obtaining a knowing and voluntary release. Increasingly, older workers are being asked to sign such waivers in exchange for enhanced retirement benefits. For example, at AT&T Communications Inc., employees who signed waivers received severance pay equal to 5 percent of current pay times the number of years of service. For those without waivers, the company offered a multiplier of 3 percent.
The Americans with Disabilities Act of 1990 ...
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