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Age Discrimination In Employment Act Of 1967

Decent Essays

The Age Discrimination in Employment Act (ADEA) of 1967 was created to “promote employment of older persons based on their ability rather than age; to prohibit arbitrary age discrimination in employment; and to help employers and workers find ways of meeting problems arising from the impact of age on employment” (as cited in Rothenberg & Gardner, 2011, p. 10). The act was intended to help the older workforce stay employed and prevent employers from discriminating against employee because of his/ her age. Also, a study showed that “between the years of 2000 and 2010, the number of employees over the age of fifty-five increased by over 11 million and the number of age discrimination cases reported to the Equal Opportunity Commission (EEOC) also increased by over 8,000 during those same years” (Tauro, 2014, p. 256). Therefore, these statics prove that …show more content…

Mrs. Baker has knowledge that the top managers has made comments that suggest discrimination based on age, but if she does not have records of those statements then it is really just hear say and will not hold up in the court of law. In the court case of Gross v. FBL Financial Services (2009), the court ruled in favor of Gross but then the ruling was overturned because the plaintiff could not provide sufficient evidence that he was demoted because of just his age (Meng, 2010). The judge stated that in order for the ruling to be in favor of the plaintiff, in an ADEA discrimination claim, the employee must provide that his/ her age was the main reason (the “but-for” cause) for the employers reasoning behind the demotion or firing (Bible & Sanders, 2009). When this ruling is applied to the scenario, Mrs. Baker must have strong evident that the main reason behind her termination was her age in order for the court to rule in favor of

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