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February 17, 2010I really do not understand it. Though I am 28 and not yet affected by it, I am surprised at the amount of people 40 and over that get turned away for employment when they are perfectly capable of doing the job correctly. I could understand if they ask for more money than you are willing to pay them (if they want $15.00/hr when you want to pay $9.00/hr), but besides that, shouldn’t the government be stepping in about this? I realize I will be old someday, and I will likely face the same thing…
Actually, the government is set up to investigate allegations of age discrimination.
The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA’s protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment — including, but not limited to, hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.
The agency charged with enforcing this statute is the EEOC.
Horaayy..there are 5 comment(s) for me so far ;)
It is not discrimination merely not to hire them. There are many people who can do the job who apply not all can be hired.
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Actually, the government is set up to investigate allegations of age discrimination.
The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA’s protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment — including, but not limited to, hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.
The agency charged with enforcing this statute is the EEOC.
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Even though the EEO is in place and in effect, ultimately it is the employers decision to hire a person based on who s/he feel is "just right" for the job.
Same for the customers paying for business services. its the customers decision if the services is right for their home or office.
So, to conclude. In the back of their minds, employers think that people 40 or 50 and older are slow and stupid, but wont say anything, cuz they know they will get penalized for it.
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Being capable of doing the job is the minimum requirement. You would have to prove they were the BEST candidate for the job, and without having every single application in front of you, you do not know who was Best. The 40 years might be capable of doing the job, but the 25 year old might be capable and have a degree. Yes their are agencies that regulate age discrimination, but it is not discrimination simple because you are old and did not get the job.
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Good for you for these astute observations,, but unless the employee’s have union representation, the corporation ( 8 emp or more to fall under Federal law) gets little federal supervision other than OSHA. The employer will pay minimum wage unless he has to pay more to get specific scarce skills or to keep a full workforce. What you may be seeing (in the rejection of older people) is the expected higher health costs (insurance coverage) and higher health-issue-absenteeism. If you hope to unionize, protect your fanny, and secretly soliciit assistance from union executives in an industry similar to your own.. Good luck.
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