Elder Law » Age Discrimination http://elder-law.laws.com Elder Law- AARP, 401k, Retirement, Probate, Elder Abuse, Senior Citizen, Elder Care, Elder Law Thu, 29 Sep 2016 15:43:45 +0000 en-US hourly 1 http://wordpress.org/?v=4.1.18 Understanding The Procedures Under the ADEA http://elder-law.laws.com/age-discrimination/procedures-under-the-adea http://elder-law.laws.com/age-discrimination/procedures-under-the-adea#comments Sat, 04 Apr 2015 13:25:31 +0000

The Age Discrimination in Employment Act is a federal act enacted by congress which prohibits age discrimination in the workplace. The Act was enacted in 1967 with the original stated aim of increasing the opportunities for americans over 50 years to seek fair employment, but eventually extended to include fair employment for all age demographics.

Under the act, it is a violation of federal law to hire, fire, or mistreat an employee based on his or her age. The ADEA is a federal law which may be given tighter restrictions under state employment laws, but not looser ones.

The Age Discrimination in Employment Act in its finality prevents an employer from refusing to hire or firing an employee over forty years of age on the basis of his or her age. In addition to refusing to hire or firing based on age, it is also a violation of federal law for an employer to deny an employee the benefits given to other employees based on his or her age alone.

It is a topic of great controversy in employment law regarding the health benefits of older employees. Many prospective employers would seek to limit the health/life insurance of an older employee based on actuary tables and risk assessment. In many employer's eyes, an older employee is  a more at-risk employee which may represent a potential loss in the future. Nevertheless, the practice of denial of benefits for older employees is illegal under the ADEA.

Its important to note that, though denial of benefits is illegal under the ADEA, it may cost an older employee more to insure him or herself based on said actuary tables for risk assessment. As the company is charged more in a group rate to insure an at-risk employee, the employee himself may have to assume the same financial risk when taking on a company benefits plan.

To be subject to the jurisdiction of the ADEA, an employer must have a relevant business that affects local or national commerce and have more than twenty employees on roster.

It is assumed that companies with less than twenty total employees are run subjectively and do not present a significant enough opportunity for age discrimination. Tighter restrictions on the number of employees may be imposed on the state, but the federal limit is 20.


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Is Replacing Older Workers Consider Age Discrimination http://elder-law.laws.com/age-discrimination/replacing-older-workers http://elder-law.laws.com/age-discrimination/replacing-older-workers#comments Sat, 04 Apr 2015 13:25:31 +0000

Replacing Older Workers is a common complaint in matters of Age discrimination in the workplace.  Under the Age Discrimination in Employment Act, it is a violation of federal law to refuse to hire or fire an employee based on his or her age.

The ADEA is applied to cases in which an employer fires an older employee in favor of a younger employee.  Despite the company's rationale in the matter, it is a violation of federal law to do so if it can be proven that a worker was replaced due to his or her age.

While medical data may present certain claims that age is a factor in clear mental function and the performance of workplace tasks, it is not conclusive by AMA standards.  It is thus not sufficient rationale for a company to use inconclusive medical evidence to justify the replacement of older employees in favor of younger ones.

Mental function is not the only motivating factor in age discrimination.  Commonly, an older employee is at a higher pay rate than a younger employee based on seniority alone.  An employer is seen has having financial motive in replacing older workers as a form of cost cutting.

Employers may replace older workers if they are found to be unable to perform the job requirements of their position.  In other words, if an older employee is medically or mentally unable to perform their job requirements without accommodation, he or she may not sue for age discrimination under the ADEA without cause of action.

In other words, unless there is some other harassment or negative tangible affect present as a result of the age discrimination, the employer is not liable under the ADEA for releasing an employee who is unable to continue their job.

For example, if old age is the reason a construction worker can no longer perform his functions, an employer is not liable to maintain his employment without reasonable accommodation.

Guidelines for Replacing older workers are governed by the ADEA in companies of twenty employees or more which have a significant or discernible affect of commerce.


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Understanding Age Discrimination In The Eleventh Amendment http://elder-law.laws.com/age-discrimination/age-discrimination-eleventh-amendment http://elder-law.laws.com/age-discrimination/age-discrimination-eleventh-amendment#comments Sat, 04 Apr 2015 13:25:30 +0000

The eleventh amendment is an important advancement in the constitution of the united states which was later modified by the passage of the thirteenth and fourteenth amendments to the constitution.

The eleventh amendment originally stipulated that no man may sue his or her own state for wrongdoings without the express permission of the federal united states government. This was later modified by the fourteenth amendment, which states that no state law may prohibit or infringe upon the rights and freedoms granted by the constitution and the laws created by congress.

In terms of age discrimination, the eleventh amendment provides state immunity and immunity to state employees against charges of unfair workplace practices involving the mistreatment of individuals over 40. State immunity prevents an individual from suing the state for matters of its own public discretion.

For example, the state may prohibit any individual from employment at it's discretion under the protection of state immunity. This state immunity prevents prospective state employees from suing the state for matters under its own jurisdiction - barring that no federal laws are broken.

When a state employee is subject to a state law or employment practice which violates his or her federal employment rights, he or she may sue under the fourteenth amendment at the petition of the supreme court of the united states. At the supreme courts discretion, state immunity does not apply to rulings made by federal courts.

If a state law violates congressional decree such as the ADEA or Title VII of the Civil Rights Act of 1964, then the law is declared unconstitutional. 


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Discrimination Based on Age At A Glance http://elder-law.laws.com/age-discrimination/discrimination-based-on-age http://elder-law.laws.com/age-discrimination/discrimination-based-on-age#comments Sat, 04 Apr 2015 13:25:30 +0000

Procedures Under the ADEA:

The Age Discrimination in Employment Act is a federal act enacted by congress which prohibits age discrimination in the workplace.  The Act was enacted in 1967 with the original stated aim of increasing the opportunities for Americans over 50 years to seek fair employment, but eventually extended to include fair employment for all age demographics.  Under the act, it is a violation of federal law to hire, fire, or mistreat an employee based on his or her age.  The ADEA is a federal law which may be given tighter restrictions under state employment laws, but not looser ones.

Replacing Older Workers:

Replacing Older Workers is a common complaint in matters of Age discrimination in the workplace.  Under the Age Discrimination in Employment Act, it is a violation of federal law to refuse to hire or fire an employee based on his or her age. The ADEA is applied to cases in which an employer fires an older employee in favor of a younger employee.  Despite the company's rationale in the matter, it is a violation of federal law to do so if it can be proven that a worker was replaced due to his or her age.

Eleventh Amendment:

The eleventh amendment is an important advancement in the constitution of the united states which was later modified by the passage of the thirteenth and fourteenth amendments to the constitution.  The eleventh amendment originally stipulated that no man may sue his or her own state for wrongdoings without the express permission of the federal united states government. This was later modified by the fourteenth amendment, which states that no state law may prohibit or infringe upon the rights and freedoms granted by the constitution and the laws created by congress.


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Health Care Discrimination Quick Overview http://elder-law.laws.com/age-discrimination/health-care-discrimination http://elder-law.laws.com/age-discrimination/health-care-discrimination#comments Sat, 04 Apr 2015 13:21:12 +0000

Despite the fact both the federal government and state governments have helped to establish age discrimination law, ageism continues to be a widespread concern in the United States. Elderly individuals experience age discrimination in many different arenas. Age discrimination law has been developed in order to protect elderly individuals from credit discriminationEqual Employment Opportunity Commission Elderly individuals are at greater risk of suffering from debilitating illnesses than young individuals. Therefore, it is more or less essential that elderly individuals obtain health coverage of some kind.

However, health insurance companies generally maintain outrageous costs for their services, and as such, health coverage is generally more expensive for elderly individuals. Imaginably, many elderly individuals will find it difficult to afford health care coverage. The law allows health insurance companies to refuse an individual coverage due to "preexisting conditions" of a medical nature. Many health insurance companies will utilize this ability to discriminate against elderly individuals. Some health insurance companies will refuse to grant an elderly individual health coverage altogether.

This has been a common cause of age discrimination lawsuits in the past. If an elderly individual is refused health insurance, he/she may accumulate thousands of dollars worth of medical bills in the event that he/she must receive medical attention, although elderly individuals now have the ability to obtain relatively cheap health insurance.

Perhaps even more detrimental than discrimination by health insurance companies is discrimination by physicians. A very small percentage of medical students choose to study geriatric medicine in medical school. As a result, there is a extremely disproportionate ratio of elderly individuals to geriatric physicians.

There are under 10,000 geriatric specialists in the United States and there are million of individuals over the age of 65. Therefore, many elderly individuals do not have access to the health care specialists they require. In many instances, the elderly do not receive the same quality medical attention as younger individuals, with the idea physical deterioration is an inevitable aspect of aging.

Therefore, many physicians have admitted that they do not treat elderly individuals for conditions such as high blood pressure. If left untreated, high blood pressure can result in any number of problems, notably a fatal heart attack. Behavior such as this has resulted in numerous age discrimination lawsuits.

Age discrimination law prohibits medical authorities from refusing elderly individuals necessary medical treatment based on their age. In many cases, elderly individuals also do not receive important regular screenings for various types of cancer. Therefore, fatal diseases, such as colorectal cancer and pancreatic cancer, often remain undetected.

Even if medical treatment cannot cure an elderly individual's illness, it may be able to reduce the suffering they experience. Despite the workings of age discrimination law, nevertheless, many health care corporations, insurance companies, and physicians continue to engage in discriminatory methods.


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Emotional Effects At A Glance http://elder-law.laws.com/age-discrimination/emotional-effects http://elder-law.laws.com/age-discrimination/emotional-effects#comments Sat, 04 Apr 2015 13:21:12 +0000

Elderly discrimination results from long-standing and widespread stereotypes regarding the elderly. It may occur in various areas of an individual's life, including in the health careimplicit Family members are not the only individuals that are responsible for elderly discrimination. Numerous age discrimination cases occur in the workplace. An elderly individual may experience elderly discrimination at any point of the employment process, including while applying, interviewing, and working at a job.

An elder may be refused promotions, fired, or laid off because of his/her age. Although the Equal Employment Opportunity Commission has been established in order to investigate age discrimination cases and punish offenders, many employers continue discriminatory practices. In working for a particular company, an elder may be granted less responsibility than other employees. Elderly employees are also more likely to be laid off when a company must make job cuts. As a result, many age discrimination cases cause elders to question their self-worth. Like employers, they themselves may begin to believe that they are incapable of doing specific tasks.

Age discrimination cases also occur in the medical and health care field. Elderly individuals are often not treated with the same quality care that young patients receive. They may not receive treatment for serious health complications and may not be given regular screenings for serious diseases. This may cause an elder to adopt the mentality that his/her life is less important than other individuals. The beliefs and mentalities that elders often adopt due to age discrimination may cause him/her to suffer from severe depression. In some extreme cases, an elder may attempt suicide as a result of his/her depression. 


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Age Discrimination Explained http://elder-law.laws.com/age-discrimination/age-discrimination http://elder-law.laws.com/age-discrimination/age-discrimination#comments Sat, 04 Apr 2015 13:21:12 +0000

The ECOA defines an elderly person as an individual who has reached the age of 62. In most cases, once an individual reaches this age they will start to consider retirement. An individual who has retired no longer has a steady income as a result of employment, but survives through Social Security benefits, retirement savings planspension plans. An elderly individual may choose to continue to work part-time in order to keep himself/herself busy, or to make some extra money.

In either situation, his/her income will be lower relative to the wages earned while he/she was employed in a full-time position. Creditors generally consider granting credit to elderly individuals to be a risk because they fear that they will be unable to pay the debt that they accrue. As a result, many creditors refuse to extend credit to elderly individuals outright. Since the ECOA was enacted in 1974, though, creditors have been prohibited from discriminating in this manner.

Though the ECOA expresses concern about age discrimination against the elderly, this legislation unfortunately does little to protect young individuals from age discrimination. A creditor may refuse to grant a young adult credit based on their lack of financial experience. If a college student maintains a low income because they only work a limited number of hours every week, a creditor may deny the applicant credit because of their low income.

In most cases, a young adult will be unable to attain a loan for expensive property, such as a motor vehicle or a house because they have not yet had the opportunity to establish positive credit or because they have not maintained a well-paying job for a long period of time.

Generally, creditors argue that extending large quantities of credit to a young adult is a very risky move, as there is often no evidence that they are financially responsible. However, many individuals feel that denying a young adult credit based on their inexperience is a form of age discrimination, as inexperience does not necessarily equate to irresponsibility.

Therefore, although the ECOA has taken steps to prevent age discrimination against the elderly, more needs to be done to combat the same discrimination against young adults.


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Implicit Discrimination Defined http://elder-law.laws.com/age-discrimination/implicit-discrimination http://elder-law.laws.com/age-discrimination/implicit-discrimination#comments Sat, 04 Apr 2015 13:21:11 +0000
Implicit prejudice is an exceptionally problematic form of bigotry because the offender is unaware of his/her behavior. This type of discrimination may occur without a perpetrator acknowledging that he/she is responsible for prejudicial feelings and actions. Many individuals practice implicit prejudice against the elderly. An ageist that is responsible for implicit discrimination will not purposely and knowingly subject an elderly individual to bigotry. However, his/her actions will reflect his/her subconscious perspective of the elderly. For example, when people talk to an elderly individual, they tend to speak slowly and loudly.
Although the offender may not intend to be patronizing, his/her behavior is extremely demeaning. It reflects an understanding that physical deterioration is associated with aging. In fairness, in many instances, this may be true. Still, the behavior of an implicit ageist will reinforce the adverse and inaccurate belief that all elderly individuals suffer from physical conditions, such as dementia that make it difficult for them to understand mediocre and complex ideas. In some cases, this common belief may reflect prejudice developed through stereotyping.
When an individual reaches a certain age and becomes classified as "elderly," other members of society will often treat him/her as if he/she has deteriorated to a state of infancy. Therefore, an implicit ageist may overlook the desires of an elderly individual, and dismiss his/her requests due to the belief that he/she is not aware of the best course of action for his/her well-being.
Another example of implicit discrimination often occurs in the work place or in any arena that encompasses a group of people. In an office, it is common for employees to discuss their exciting weekend adventures, and in many cases, they will fail to inquire about an elderly co worker's weekend. This is not because an ageist dislikes his/her elderly co workers, but because he/she has developed a subconscious belief that elderly individuals do not engage in exciting activities in their free time. Therefore, an implicit ageist will often overlook the experiences of an elder.
Though in many cases implicit ageism reflects a negative subconscious belief about the elderly, this type of prejudice may also be positive in nature. For example, holding the advice of the elderly in high regard due to the widespread notion that they are wise may be an example of positive implicit prejudice. However, it is much more common for implicit prejudice to be detrimental and negative. Implicit prejudice is demeaning, and can be more hurtful than stereotypes and outright discrimination.
Although this behavior is not condoned, elderly individuals often acknowledge that they will face discrimination in the workplace. However, implicit discrimination often comes even from an individual's family, friends, and people that he/she loves and trusts. For example, when a family makes a decision regarding the future care of an elder because they believe that they are able to make the best decision regarding his/her well-being, they are demonstrating a particularly hurtful form of implicit discrimination.
While it is true that some elderly individuals suffer from incapacitating mental conditions that make it difficult for them to effectively make decisions, this is not true for all. Many elders remain active, alert, and adept at skilled-based activities throughout the duration of their lives. 

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Stereotyping Prejudice http://elder-law.laws.com/age-discrimination/stereotyping-prejudice http://elder-law.laws.com/age-discrimination/stereotyping-prejudice#comments Sat, 04 Apr 2015 13:21:11 +0000

A stereotype is a cognitive apparatus that allows an individual to categorize and organize groups of people into specified classifications, and to designate recognizable attributes to these classifications. Once an individual has developed a series of stereotypes, it is common for him/her to attempt to define very different people by these classifications. There are many different types of negative stereotypes in the United States. Stereotypes are often based on race, ethnicity, and religion.

For example, one common and unfortunate stereotype that has been perpetuated since the attacks on the World Trade Center is that all Middle Eastern and Muslim individuals are terrorists or threats to the American people. This is a potentially dangerous generalization that has led to extensive outward displays of prejudice toward these groups. While there are Muslim individuals that may be violent and warlike, not all of them are so.

This same theory applies to the stereotyping of elders and prejudice against senior citizens. Prejudice involves derogatory behavior that often results from established stereotypes. The difference between prejudice and implicit discrimination is that, while implicit ageists are unaware of their derogatory behavior, an individual that is responsible for prejudice against elders is fully conscious of his/her actions.

Discrimination against senior citizens is one of the most common types of prejudice in the United States, and occurs in all arenas of life. For example, senior citizens may experience discrimination when they enter a store or when they are eating at a restaurant. Discrimination against elders occurs on a regular basis and may happen in any location.

One of the most common types of discrimination faced by senior citizens is discrimination in the workplace. Employers may refuse to hire elders based on established stereotypes. Senior citizens may also experience prejudice by physicians and police officers.

These professionals who are supposed to protect and assist people frequently succumb to stereotypes in the course of their work. Derogatory behavior that is directed towards elders may include hurtful words and actions, exploitation, or violence. Generally, these types of prejudices are emotional reactions to stereotypes that have been developed over time.

There are various different stereotypes surrounding senior citizens, many of which are based only on a sliver of truth. For example, one common mentality is that elderly individuals are unable to effectively care for themselves, due to severe physical illness and mental incapacity. While this may be accurate in some instances, it is not true in all cases.

Another widespread belief is that elders are not as productive as younger individuals, and therefore, many employers will refuse to hire senior citizens. Health insurance companies will often avoid insuring elderly individuals due to the belief that they frequently become severely ill.

Stereotypes that depict elderly individuals as weak and vulnerable may cause them to become the targets of criminal behavior. When an individual classifies others based on stereotypes, it leads to harmful displays of prejudice. While legislation has been instated to abolish ageism in certain areas, it is important for age discrimination to be continually addressed in hopes of diminishing the scope of this problem.  


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Easy to Understand Background On Ages Discrimination http://elder-law.laws.com/age-discrimination/background-ages-discrimination http://elder-law.laws.com/age-discrimination/background-ages-discrimination#comments Sat, 04 Apr 2015 13:21:10 +0000

Ageism is a major problem in the United States, as elderly individuals experience age discrimination on a regular basis. This type of discrimination may be as simple as impatience displayed by store clerks, or it may be as tangibly impacting as discrimination by employers As noted, employment is not he only arena in which elderly individuals experience ageism. Age discrimination is often practiced by banks, credit unions, and other financial lenders.

Many times, a creditor will refuse to extend a loan to an elderly individual, often because the lender believes that an elderly borrower will have difficulty repaying any debt that he/she accrues. As elderly individuals generally retire around the age of 62, they frequently do not maintain a substantial regular income.

Lenders may also fear that unexpected illness will hinder a borrower's ability to repay debt. One of the most damaging forms of ageism is practiced by physicians. In many cases, when patients reach the age of 65, physicians will stop screening and treating them for illnesses that are generally attended to in younger patients.

For example, some physicians have admitted to not treating elderly patients for high blood pressure, as this is a natural effect of aging. Certainly, this type of age discrimination may be fatal, causing an individual to suffer from a preventable heart attack. A number of physicians have confessed, too, that they do not screen elderly patients for certain types of cancer.

Age discrimination may not only be detrimental to an individual's physical health, but may also negatively affect his/her emotional well-being. The process of aging is often very difficult for an individual. As the elderly are frequently unable to partake in more of the activities that they once enjoyed, they may experience episodes of depression and irritability.

In some cases, even if an elderly individual is physically fit and still active, though, many individuals and relatives will disregard their thoughts and opinions based on stereotypes.

When an individual experiences ageism in association with the already troubling emotional effects of aging, he/she will often become insecure and develop low self-esteem. In all, ageism is hurtful to an elderly individual's physical and emotional health, and therefore, legislation has been instated to prohibit age discrimination in various arenas.


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