Need to answer the 5 questions each question needs to cite one source and be at least 4 paragraphs per question- keep simple
Q1. Why is age an disability discrimination still around after all these year?
Q2. Who has greatest case of age and disability discrimination males or females and why?
Q3 Give an example of a recent age and disability discrimination case in the media
Q4. What is Title VII in regard to age and disability discrimination?
Q5. Are exempt or highly compensated individual exempt from age discrimination?
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Age / Disability Discrimination
Name
Institution
Q1. Why is age and disability discrimination still around after all these years?
In society, the issue of age and disability discrimination has always been a bone of contention. Despite numerous efforts, by legislators and human rights activists, to curb this worrying act over the years, not much has changed. This can either be as a result of poor implementation on the legislators part or the society’s lack of empathy towards these two groups often looked down on as nothing.
Age discrimination is still relevant in society today as a result of the argument that older people have already had their fair share of the good life thus should step aside for the youth. Meanwhile, the main reason for disability discrimination is that the disabled are not capable of utilizing and maximizing resources like their non-disabled counterparts; thus, they should not receive similar benefits (Francis, 2009).
Members of these two protected classes are usually viewed as liabilities by society. This is because, on top of the previously stated beliefs, they cannot produce the desired optimum results consistently due to their physical limitations. As a result, they do not contribute as much to the economy and social wellbeing of the community around them. Given that they are also not able to change their limitations, their plea of being considered as equals fall on deaf ears.
It should be noted that humans were created with survival instincts which tend to influence one to become selfish by nature. Humans prefer relationships that yield more benefits for them or equal benefits for both parties. This survival instinct, therefore, taints the society’s perception towards the elderly and disabled who cannot meet these high standards required of them. The economic aspect is what makes age and disability discrimination a hard obstacle to overcome.
Q2. Who has the greatest case of age and disability discrimination, males or females and why?
Even though both men and women age over time and both are equally susceptible of becoming disabled, the effect of gender discrimination cannot be downplayed. There are more cases of age and disability discrimination for women than men. The society is more lenient when it comes to men but harsh on women. This can be attributed to the fact that women are already disadvantaged in a system that continuously frustrates the fight for women equality.
Elderly women and women living with disability face what is known as double discrimination. This is especially rampant in developing countries. Discrimination for these women can be so bad to the point that they lack access to good healthcare, education and employment. Women with disability face social stigmatization. This affects them and in some cases, leads to their families abandoning them. More so, women with disability are more likely victims of violence as a result of the stigma they receive (Salthouse, 2018).
Based on research conducted in 2017 on over 40,000 applicants in the United States, there was robust evidence of age discrimination in hiring against older women (Newmark, 2017). When compared to the considerably less evidence found when it comes to their male counterparts, it is fair to note that older women have it rough when it comes to employment opportunities and treatment.
By facing economic inequities through reduced chances of getting employed, older women become dependent on society to take care of them, which rarely happens. Healthcare also becomes an issue with older women less likely of receiving proper treatment during menopause among other conditions that come with old age for women.
Q3. Give an example of a recent age and disability discrimination case in the media
A Wal-Mart Stores Inc. unit in Texas agreed to pay $150,000 and provide to settle an age and disability discrimination lawsuit to David Moorman (EOCC, 2015). Mr Moorman filed his complaint against Wal-Mart Inc. to the U.S. Equal Employment Opportunity Commission. The EOCC’s mandate is to enforce federal laws prohibiting employment discrimination. They charged Wal-Mart, on behalf of Moorman, for age discrimination as Moorman was subjected to harassment, unfair treatment and discharge due to his advanced age. Wal-Mart had also refused to provide him with reasonable accommodation given his disability.
Wal-Mart was found to be in breach of the Age Discrimination in Employment Act (ADEA) on two accounts. Moorman, who was 54 at the time, was fired as a result of his old age violating ADEA which prohibits discrimination based on age 40 or older. Furthermore, ridicule from his direct supervisor due to old age violates ADEA’s stance on age-based harassment.
Wal-Mart also breached the Americans with Disabilities Act (ADA) by denying Moorman’s requests as a result of being diagnosed with diabetes. Moorman had requested to be reassigned to work as a co-manager or assistant manager due to his disability. Wal-Mart rejected the request without taking time to discuss it with him despite their obligation under ADA.
Given that most companies are focused on staying afloat, ahead of the competition while keeping stakeholders happy, profitability is usually the main goal. As such, top management is faced with the task of making hard decisions from time to time. These hard decisions result in age and disability discrimination where the employees advanced in age and with disabilities are targeted for layoffs and retrenchments. This is the case for Wal-Mart as they stated that Moorman’s dismissal was down to job performance issues despite the evidence of discrimination in play.
Q4. What is Title VII regarding age and disability discrimination?
Title VII of the Civil Rights Act of 1964 is one of several federal laws that prohibit workplace discrimination (Justia, 2018). It was introduced to help level the playing field for job applicants and employees. It seeks to make sure that job applicants are chosen based on their capabilities rather than based on their color, religion, gender or national origin. Meanwhile, for existing employees, it seeks to fight for equality in compensation, assignment, benefits, resource allocation and firing. Title VII, however, applies to employers that 15 or more employees.
As broad and transformative as it is, Title VII failed to include prohibitions regarding age and disability discrimination. The main protected classes it touches on are five; race, color, religion, sex and national origin. As such, there arose the need to have laws that cater to the elderly and individuals living with a disability.
The Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Genetic Information Nondiscrimination Act (GINA) were drafted and passed to fill the gap left open by Title VII in the fight against workplace discrimination. Currently, the ADA and ADEA have provided prohibitions and regulations that have allowed elderly employees and employees who are living with disability to receive justice through EOCC. ADA and ADEA have also assisted these two protected classes in fighting discrimination outside the workplace.
The main challenge facing Title VII, ADA and ADEA remain in the implementation stage. Despite organizations agreeing to follow and uphold these laws in their operations, employees with a disability or advanced in age are still being discriminated against. Most prevalent cases are of those who are unemployed and are looking for jobs.
Q5. Are exempt or highly compensated individuals exempt from age discrimination?
A highly compensated employee is an individual who owns more than 5% of the interest in the business at any time during the year or the preceding year. He/she can also be described as an individual who received compensation from the business of more than $125,000. If the employer chooses, this is an individual in the top 20% compensation list (IRS, 2019).
Age discrimination might be lenient on such an individual, but there is no way he/she is exempt. Given that a highly compensated individual is not necessarily supposed to be in top management or be on the organization’s board, the basic discrimination rules that apply to all employees befall him/her too. Highly compensated individuals are sometimes middle-level managers. The case of David Moorman vs Wal-Mart, therefore, highlights that this group is not exempt.
Age discrimination, as stated before, is widely fought, but it is still far from being defeated. As long as companies favor profits over all else and the working environment keeps on changing, the older employees will find it hard to keep their jobs. Technology has brought dynamic changes that work against the older generation. The older unemployed workforce is finding it hard to be considered for jobs, given that they are not deemed computer savvy enough.
In conclusion, ADA and ADEA are ensuring employee rights are observed outside the scope of only race, gender, religion and color. Previously sidelined groups such as the disabled and elderly are now able to sue and get justice for being discriminated in the workplace. This is a step in the right direction regarding age and disability discrimination being abolished in the society at large.
References
Francis, Leslie Pickering and Silvers, Anita (2009) “Bringing Age Discrimination and Disability Discrimination Together: Too Few Intersections, Too Many Interstices,” Marquette Elder’s Advisor: Vol. 11: Iss. 1, Article 8. Available at: http://scholarship.law.marquette.edu/elders/vol11/iss1/8
Salthouse, S. (2018). Women with disability are facing both discrimination and gender inequality. Retrieved 2 December 2019, from https://www.sbs.com.au/topics/life/culture/article/2018/12/03/women-disability-are-facing-both-discrimination-and-gender-inequality
Neumark, D., Burn, I., & Button, P. (2017). Is It Harder for Older Workers to Find Jobs? New and Improved Evidence from a Field Experiment. Journal Of Political Economy, 127(2). doi: 10.1086/701029
EEOC. (2015).Wal-Mart to Pay $150,000 to Settle EEOC Age and Disability Discrimination Suit. Retrieved 2 December 2019, from https://www.eeoc.gov/eeoc/newsroom/release/2-19-15.cfm
Justia. (2018). What Employees Need to Know About Title VII of the Civil Rights Act | Justia. Retrieved 2 December 2019, from https://www.justia.com/employment/employment-discrimination/title-vii/
IRS. (2019). Retirement Plans | Internal Revenue Service. Retrieved 2 December 2019, from https://www.irs.gov/retirement-plans/plan-participant-employee/definitions
