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    Age Discrimination

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    Can you help me identify and describe a case in which an employer's activities were restricted due to age related rights of employees, while also taking into consideration how the U.S. Equal Employment Opportunity Commission's criteria for age discrimination applies to the case?

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    https://brainmass.com/business/business-management/age-discrimination-256223

    Solution Preview

    Let's take a closer look at these questions. First, let's look at at the Age Discrimination Employment Act (ADEA) criteria which is enforced by the U.S. Equal Employment Opportunity Commission (EEOC), abd then look at a case in which the age criteria applies.

    RESPONSE:

    1. Can you help me identify and describe a case in which an employer's activities were restricted due to age related rights of employees?

    Before looking at a case, the Age Discrimination in Employment Act (ADEA), which is the criteria used by EEOC (Equal Employment Opportunity Commission) states:

    ? The ADEA prohibits discrimination based on age (40 and over) with respect to any term, condition, or privilege of employment. Under the ADEA, covered employers may not select individuals for hiring, promotion, or reductions in force in a way that unlawfully discriminates on the basis of age.
    ? The ADEA prohibits disparate treatment discrimination, i.e., intentional discrimination based on age. For example, the ADEA forbids an employer from giving a physical agility test only to applicants over age 50, based on a belief that they are less physically able to perform a particular job, but not testing younger applicants.
    ? The ADEA also prohibits employers from using neutral tests or selection procedures that have a discriminatory impact on persons based on age (40 or older), unless the challenged employment action is based on a reasonable factor other than age. Smith v. City of Jackson, 544 U.S. 228 (2005). Thus, if a test or other selection procedure has a disparate impact based on age, the employer must show that the test or device chosen was a reasonable one. (http://www.eeoc.gov/policy/docs/factemployment_procedures.html)

    For the plaintiff, the defendant's ageist comments typically are perceived as clear evidence of the company's discriminatory intent toward older workers. Defendants, by contrast, generally view these same ageist comments as "stray remarks" proving little other than that ageism is ...

    Solution Summary

    This solution describes the criteria of the the Age Discrimination in Employment Act (ADEA). Then, while considering how the U.S. Equal Employment Opportunity Commission's criteria for age discrimination applies to the case, it provides a case in which an employer's activities were restricted due to age related rights of employees.

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