Age Discrimination

In fact, the magazine maintains that the legislative history of ADEA demonstrates that telling intended that the law would apply to the profit programs clefted to a company's active employees and not to its retiree population (Anonymous, 2000, p. 8).

notwithstanding this legislative history, the 3rd Circuit ruled the language of the ADEA does not itself exclude retirees and the benefit plans offered to them from ADEA's reach. Business Insurance argued that this is an oversight that Congress should quickly correct if it wants to preserve the shrinking number of employer-provided retiree health c atomic number 18 plans. In particular, if Congress does not citation the ruling, employers may have no alternative but to minimise their liability by cutting back on the benefits they offer through retiree health care-or by not oblation much(prenominal) benefits at all (Anonymous, 2000, p. 8).

In another juvenile case, Loral Corpo symmetryn in California needed to downsize its payroll so it targeted older employees because they generally earned more than Loral's jr. employees did. Loral contended that it was not discriminating based on age. Rather, it was laying off its higher(prenominal) paid players for business reasons. The California Supreme Court concur that what Loral did was acceptable and not prohibited under the ADEA (Zall, 2000, p. 3941).

Similarly, a federal official appeals court in Manhattan upheld a Long Island school district's o

In addition, older people exsert to face the interdict prevailing attitudes toward the aged in American society. For example, the American health care system focuses on needlelike care and cure rather than the chronic care that just about older adults need (Robinson, 1994). In addition, other government policies reinforce agism by development a higher federal poverty standard for the elderly and targeting job training for younger age groups. Such policies are often based on the traditional negative stereotypes of the elderly (Robinson, 1994).

The contributing factors listed above are the result of that stereotyping of older individuals that causes the discrimination and negative attitudes that gives rise to agism in American society.

Generally, stereotyping gives a highly exaggerated encounter of the importance of a few characteristics. But these exaggerations have real-life negative effects on the living conditions of older people. In particular, businesses often reinforce ageist stereotypes by not hiring or promoting older workers (Robinson, 1994). It is such activity that the ADEA specifically aims to prohibit.

The third contributing factor lies in the belief that older people are less rich than are their younger counterparts. Notably, this belief lies in our view of productiveness as defined merely according to economic latent (Woolf, 2000). It ignores all the other forms of productivity that are essential to a full and promising life. The fourth contributing factor to ageism in American society is the historical tendency to paper the aging population in long-term care institutions as representative of the aging population as a whole. In fact, only 5 percent of the older population is institutionalized. thither is still a need for more research using a healthy, community-dwelling older population (Woolf, 2000).

It can be actually difficult to prove age discrimination, primarily because the older worker must prove that the employer can offer no ratio
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