TheLaw has been the guiding aspect in almost each and every sector ofhuman life globally. In every community, country or an organization,there is a set of rules that are recognized as the regulators of thepeople’s actions through imposition of penalties. In other words,law can be defined as, arule of conduct or action prescribed or formally recognized asbinding or enforced by a controlling authority.There are different types/areas or bodies of law however, one typeof law that has proved to an important aspect is the EmploymentLaw (Schuster& Miller, 1984).
Employmentlaw is a body of law that governs the employee-employer relationship.It is the area of law that entails all aspects of employment(employee-employer relationship). However, this exempts thenegotiation process which is categorized under labor law. A goodnumber of employment laws are enacted to protect the employee’srights. Under the employment law, there are different other Actsgoverning the relationship between the employee and the employer.Such Acts include EqualPay Act, Age-Discrimination-in-Employment-Act, Title VII of the CivilRights Act, American with Disabilities Act, among others. This paperlooks into Age-Discrimination-in-Employment-Act,(ADEA) its impact on organizations (Schuster& Miller, 1984).
ADEAprohibits any form of discrimination by the employer to the employeein reference to his/her age. Age shouldn’t be used as a factor todiscriminate an employee, such as refuse to hire, discharge or anyother discrimination. In the United States, this Act became a law in1967. Since then, it has been an essential tool in solving all theissues between the employees and the employers (Schuster& Miller, 1984).
Defendingthe Older employees:The Failure of the ADEAof1967.This is a journal that has highlighted the shortcoming of the Act, inthe essence of protecting the aged workers. Journalsummary,through the enactment of the Act, an increasing numeral of elderadults is realizing that, the retirement in not that affordable andin turn, they must work up until their late years. This is even afterpassing the 42 year age limit highlighted by the Act. With referenceto the article, there have been obstacles or the limited ability ofthe Act in effectiveness in the protection against economic and civilrights of the older workers. In addition, the article looks into theact implications, and as well suggests policy alternatives whichwould effective in enhancing the economic well being of older adults.From the journal, it’s clear that, the ADEA hassomewhat failed to achieve some of its core aspects of fightingagainst age discrimination within the employment (Rothenberg& Gardner, 2011).
Oneof the major effect of the Act is that, it helps identify as well asdifferentiate between an employer and an employee in an organization.The Act has helped in minimizing the discrimination cases toward theemployees by their employer on the basis of their age. Inorganizations, the Act has become a key aspect with reference to howthe older workers are treated. With increased number of people withover the age 40, continuing in employment, the law has become anintegral part in protecting the employees (Kapp,2013).
Additionally,there has been continuity in organizational cultures as the lawallows for older workers to work together with the younger workers.This allows the experience to be passed from the older generation ofemployees to the younger one. An organization that doesn’t obey theAct falls into the chances of lacking continuity within its employee,as it doesn’t have the chance to have their experienced workers(Harper,2012).
Inconclusion, the ADEAhas become and remains an integral tool in curbing discriminationrelated to age. The law has been used to define the terms andconditions of the relationship between the old age employee and theemployer, hence bringing along a harmonious relationship between thetwo. Despite the difficulty in enacting the law, the Act remainsessential in curbing age related discrimination cases inorganizations.
Harper,M. C. (2012). Reforming The Age Discrimination In Employment Act:Proposals And
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Kapp,M. B. (2013). Looking at Age Discrimination Laws through a GlobalLens generations,
Rothenberg,J. Z., & Gardner, D. S. (2011). Protecting Older Workers: TheFailure of the Age
Discriminationin Employment Act of 1967. Journal Of Sociology & SocialWelfare, 38(1), 9-30 (Journal used)
Schuster,M., & Miller, C. S. (1984). An Empirical Assessment Of The AgeDiscrimination In
EmploymentAct. Industrial & Labor Relations Review, 38(1),64-74.