Age Discrimination And Younger Workers 
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Age Discrimination And Younger Workers
The Age Discrimination in Employment Act, also known as ADEA, prohibits discrimination against any person with regard to his compensation and terms and conditions of a his employment based on age. However, only employees who are 40 years and older are allowed to file claims and charges of age discrimination under the ADEA. So, what about age discrimination and younger workers? |
Most older workers are discriminated against because they cost an organization too much money, which in turn affects the organization's bottom line. However, a recent survey on salary showed that it takes a younger worker a few salary rises to match the salary of an older worker. And based on the US Supreme Court ruling, firing an employee just because he or she is expensive does not constitute to age discrimination.
However, employers are now finding that younger workers are self-absorbed, impatient and overindulgent. These are the negative aspects of hiring younger workers over older worker, and it may not be as beneficial for the company's bottom line as it thought so earlier.
In 2004, the US Supreme Court settled a case for General Dynamics Land System and Cline which was brought due to reverse age discrimination claim where the claimant wanted claims under the ADEA. However, the Supreme Court decided that claims under the ADEA were for older workers who were 40 years and above.
After this ruling, the EEOC (Equal Employment Opportunity Commission) brought out a new rule in July 2007 where it addressed the problem of younger workers facing age discrimination by employer. This new rule now ensures that employers are not liable under the ADEA if they hire an older worker over a younger worker. In addition, the new rule also set guideline for employers for posting advertisements for positions. The advertisements cannot mention anything about older workers not being eligible for the job, but they can mention that the preference would be given to older workers.
However, there are certain states like New York and Minnesota that specifically have laws in place to protect younger workers from being discriminated against.
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