Age Discrimination In Employment Research Articles

Preference for young workers in mid-career recruiting using online ads for sales jobs: Evidence from Japan

This study uses an original dataset of online mid-career job ads for full-time sales jobs collected from July 2018 to December 2019 to examine the use of explicit and implied age limits on job applicants and the characteristics of firms that set them. Although Japanese law prohibits age discrimination in employment, several exemptions, such as hiring young workers without prior work experience on regular contracts, are allowed. Firms can set an age limit, require job-related experience, or search broadly; however, they can also express their age preference in other ways. In the sample, 24 % of ads included explicit age limits generally capped at 35 years, 26 % set experience requirements, and nearly all contained some form of implied age preference. Consistent with theoretical predictions, the results show that firms with higher capital, those with fewer employees, older firms and those located in urban centers tended to set requirements on applicants. Further, domestic firms, firms with fewer employees, in urban centers and firms using probation periods for new hires were more likely to set age limits. Moreover, firms setting either requirement did not seem to be sensitive to local labor market conditions. Firms searching broadly responded to population age-related increased wage expectations while reducing labor costs by increasing the number of working hours covered by a baseline wage.

Turning age into agency: A qualitative longitudinal investigation into older jobseekers' agentic responses to ageism

Despite existing laws prohibiting age discrimination in employment and hiring practices, ageism creates inequalities between jobseekers because of their age. Deeply manifested ageist practices take place in everyday interactions within the labor market, complicating changes in career trajectories during late working life. Bringing the time dimension into studies on ageism and individual agency, we narratively examined qualitative longitudinal interviews with 18 older jobseekers from Finland to better understand the role of time and temporality in agentic practices that older jobseekers employ to counteract forms of ageism. Older jobseekers exhibited various resilient, and reworked strategies in response to ageism depending on their diverse social and intersectional positions. As their positions changed over time, jobseekers employed different strategies, highlighting the relational and temporal dimensions of individual agency in labor market decisions. The analyses suggest that acknowledging the dynamics between temporality, ageism, and labor market behavior is vital for creating effective and inclusive policies and practices to tackle inequalities in late working life.

Research on the regulation of age discrimination in employment encountered by workers during the job-seeking stage

As the contrast between supply and demand in China's labor market continues to be tilted toward the buyer, it is not uncommon for workers to suffer discrimination in the process of job hunting, among which age discrimination is the most common, widespread and involved type. In contrast to the frequent occurrence of age discrimination in employment, there are gaps in the existing laws and research on the regulation of age discrimination in employment during the job-seeking stage.Based on this, this paper starts from the phenomenon of age discrimination in employment at the job search stage, analyzes its causes, the nature of the problem, as well as the identification criteria, regulation methods and relief measures of the problem of age discrimination in employment, in order to put forward targeted legal regulation ideas in the context of "age discrimination in employment during the job-seeking stage of workers".

Unions' role in intersectional age discrimination litigation cases

PurposeHow older workers pursue their employment discrimination claims is the focus of this study. This is part of the broader question of how older, unionized employees pursuing their statutory rights fare in litigation and how unions might organize and subsequently better protect older workers who have been discriminated against.Design/methodology/approachThis study is a random sample of 1889 litigated age discrimination cases in Federal courts using NVivo to conduct a content analysis on unionization, individual, organizational and legal variables.FindingsAn analysis of case characteristics and outcomes in cases filed under the Age Discrimination in Employment Act indicated that older unionized workers pursuing their claims are more likely to have rulings in their favor. Other demographic characteristics of the cases in which unionized workers prevailed include seniority, disability, filing under Title VII and cases involving retaliation.Research limitations/implicationsImportantly, empirical legal scholarship, using the case as the unit of analysis, will significantly add to the understanding of how age discrimination might be reduced through litigation. Empirical legal scholarship strategies would also suggest identifying labor tribunal or arbitration cases. Using content analysis would allow for a deep understanding at the micro level of the context that led to the charges of age (or other types) of discrimination.Practical implicationsThis study offers evidence that union representation can add value when older employees are pursuing their rights in litigation.Originality/valueThis research focuses on individuals who have actually been discriminated against using empirical legal scholarship, content analysis and big data analytics.

HOW THE SUPREME COURT DISTORTED TEXT, IGNORED HISTORY, AND GASLIGHTED THE BOLD PROMISE OF THE CIVIL RIGHTS ACT OF 1866 A Comcast Case Study

HOW THE SUPREME COURT DISTORTED TEXT, IGNORED HISTORY, AND GASLIGHTED THE BOLD PROMISE OF THE CIVIL RIGHTS ACT OF 1866 A <i>Comcast</i> Case Study

Workplace Age Discrimination and Social-psychological Well-being

The research literature on workplace inequality has given comparatively little attention to age discrimination and its social-psychological consequences. In this article, we highlight useful insights from critical gerontological, labor process, and mental health literatures and analyze the patterning of workplace age discrimination and its implications for sense of job insecurity, job-specific stress, and the overall mental health of full-time workers 40 years old and above, covered by the Age Discrimination in Employment Act (ADEA). Our analyses, which draw on two decades and five waves of the General Social Survey (2002–2018), reveal (1) the prevalence of self-reported workplace age discrimination and growing vulnerability particularly for those 60 years and above, (2) clear social-psychological costs when it comes to job insecurity, work-specific stress, and overall self-reported mental health, and (3) dimensions of status and workplace social relations that offer a protective buffer or exacerbate age discrimination’s corrosive effects. Future research on age as an important status vulnerability within the domain of employment and the implications of unjust treatment for well-being and mental health are clearly warranted.

The Strategic Importance of ADEA Compliance on Older Workers: Formal and Informal Practices

Despite the prominent use of the Age Discrimination in Employment Act (ADEA) of 1967 by employees to protect themselves from discrimination in terms of age, research has rarely examined the impact of the importance attached to legal compliance by organizations on outcomes related to older workers. We adopt the institutional logic perspective to better understand the relationship of strategic importance of ADEA compliance on two formal (i.e., accommodation and development practices) and one informal (i.e., age diversity climate) older worker-related organizational practices. Moreover, we extend our model to examine outcomes of the three organizational practices as related to the accumulation of older worker-specific human capital reservoir. To test our theoretical model, we analyze two-wave data from a random sample of active members of the Society of Human Resource Management (SHRM). We found that, organizations that attached high strategic importance to ADEA compliance were more likely to implement both formal and informal older worker-related organizational practices. We further found that development practices for older workers were positively related to knowledge transfer from older workers, and age diversity climate was negatively related to retention and recruitment difficulty of older workers, but positively related to knowledge transfer from older workers. Implications of these findings are discussed.

June 15 — World Elder Abuse Awareness Day

On December 19, 2011, the UN General Assembly decided to celebrate June 15 as the World Elder Abuse Awareness Day. This decision was made in order to promote a caring and respectful attitude towards people of advanced age. Quite often, older people need outside help, because they frequently have to deal with difficult living conditions alone, may be subject to age discrimination in employment, or become victims of swindlers and simply unscrupulous people. For elderly people, not only the fact of physical assistance and the provision of conditions for normal life is extremely important, but also the attention to their inner world, the manifestation of spiritual care, and interest in activities and hobbies are of great importance. An interesting fact is that the World Elder Abuse Awareness Day is celebrated two weeks after Children's Day — everyone knows that the elderly, like children, need attention and outside help more than others.

Disparate Impact Analysis of the Critical Hire-Personality Assessment

Pre-employment personality testing has become widely used across a variety of work settings. A relatively new area where pre-employment personality testing is being implemented is in the field of community-based corrections (CBCs). One instrument being used in CBCs for this purpose is the Critical Hire-Personality Assessment (CH-PA). Federal laws and hiring guidelines have been enacted that impact the use of pre-employment personality assessments such as the CH-PA. The Age Discrimination in Employment Act and Title VII of the Civil Rights Act of 1964, for example, prohibit employment discrimination based on gender, age, and racial/ethnic status. The present study examines if the CH-PA complies with federal laws and guidelines regarding employee selections by examining the degree to which the CH-PA scale and subscale scores differ based on CBC officer gender, age, and racial/ethnic status. Results revealed that the CH-PA scales and subscales do not differ in a manner that would significantly contribute to a disparate or adverse impact based on CBC officer applicant gender, age, and racial/ethnic status. Implications of these findings for CBC agencies are discussed.

Differential Treatment of Older Workers Due to COVID-19: Potential for Ageism and Age Discrimination at Work

This paper examines the implications of employers' current COVID-19 protective workplace attendance policies toward older workers, potentially creating the outcomes of increased numbers of involuntary retirees and the discouraged older worker syndrome among otherwise qualified older workforce participants. How potential ageist assumptions and age discrimination under COVID-19 affect workplace decisions in reflection on the Age Discrimination in Employment Act (1967) guidelines is discussed. Older workers may remain in the workforce longer than ever before due to having healthier life expectancies. Workplace policies need to be increasingly sensitive to older employees’ rights to sustain their workplace engagement (Cummins, 2014; Cummins, Harootyan, & Kunkel, 2015). The author reviewed current unemployment trends in 2020 and emerging litigation in reflection upon general issues of COVID-19 related age discrimination in the older workers' workplace attendance decisions by employers and the historical framework of the Age Discrimination in Employment Act (1967, with significant amendments in 1978 and 1986). The policy analysis paper presents the implications of employers' COVID-19 protective policies on older workers and how it may affect the “health” of the workplace and older adults and the economy beyond the pandemic. Lastly, strategies to address an "age-friendly" workplace during a pandemic and post-pandemic are discussed.

Hidden Dimensions of Ageism in Employment and the Weakening of the Age Discrimination in Employment Act

Hidden Dimensions of Ageism in Employment and the Weakening of the Age Discrimination in Employment Act

Differential Treatment of Older Workers Due to COVID‐19 Accommodations: Potential Issues of Ageism and Age Discrimination

AbstractThis paper examines the implications of employers' current COVID‐19 protective workplace attendance policies toward older workers, potentially creating the outcomes of increased numbers of involuntary retirees and the discouraged older worker syndrome among otherwise qualified older workforce participants. How potential ageist assumptions and age discrimination under COVID‐19 affect workplace decisions in reflection on the Age Discrimination in Employment Act (1967) guidelines is discussed. Older workers may remain in the workforce longer than ever before due to having extended life expectancies. Workplace policies need to be increasingly sensitive to older employees' rights to sustain their workplace engagement (Cummins, 2014; Cummins, Harootyan, &amp; Kunkel, 2015). The author reviewed current unemployment trends in 2020 and emerging litigation in reflection upon general issues of COVID‐19 related age discrimination. Specifically, older workers' workplace attendance decisions by employers were analyzed within the historical framework of the Age Discrimination in Employment Act (1967 significant amendments in 1978 and 1986). The policy analysis paper presents the implications of employers' COVID‐19 protective policies on older workers and how it may affect the “health” of the workplace and older adults and the economy beyond the pandemic. Lastly, strategies to address an “age‐friendly” workplace during a pandemic and post‐pandemic are discussed.

Personnel Practices and Regulation: How Firm-Provided Incentives Respond to Changes in Mandatory Retirement Law

We study how firms’ personnel practices react to labor market regulation. While a company is compelled to comply with a new law, what is the ripple effect of the change on existing personnel policies and practices? We provide evidence using passage of the Age Discrimination in Employment Act and nearly two decades of administrative data from a large US firm. In line with theory, we find a weakening of long-term implicit incentives and movement toward pay for performance. Furthermore, the data are consistent with the firm carefully managing its personnel practices according to economic principles to preserve incentives for employees.

A Study of Age Discrimination at Hotel and Tourism Workplaces in Greater Cairo, Egypt.

Age discrimination seems to be more common than any other form of discrimination. Given that older workers are increasingly participating in the labor market in developed countries, it is important to understand the views of employers and employees on working age. However, the perception of older workers has changed dramatically in the past decade. In recent years, although the literature on age discrimination in employment has increased, there is a lack of research exploring age discrimination in hotels and tourism sectors. Objective: The aim of this study is to identify the most important factors that help hotels and tourism companies to create an age-friendly working environment. Method: This study was carried out by a quantitative method across ten hotels and ten tourism companies in Greater Cairo, Egypt. This study used self-administered and web-based questionnaires, developed based on previous research, resulting in 112 usable responses. Six factors emerged from the survey data after exploratory factor analysis, representing a shared view of an age-friendly workplace. Employees chose ‘Fairness and equality’ as the most significant factor to establish a working environment free from age discrimination. Results: The study examined the differences in perceptions of these six factors. Finally, quantitative data have been organized into an age-friendly workplace factors that supports tourism and hospitality companies to establish working environment free from age-related discrimination between their employees. Discussion and Implications: This study's scale may be useful to the researchers in the field of ageism at work. Moreover, the implications of using this concept in future empirical research on age-friendliness at work are considered.

Epstein on Private Discrimination: Searching for Common Ground

In the midst of a brilliantly independent academic career, Richard Epstein wrote perhaps his most contrarian work in 1992: Forbidden Grounds: The Case against Employment Discrimination Laws. In this short essay, I ask whether there can be any common ground between Epstein and those who generally defend laws against private discrimination, including myself. One possibility is the more subtle contribution Epstein makes in shifting the evaluative discourse from the deontological to the consequential. Without agreeing with his assessment of costs and benefits, one can embrace Epstein’s normative framework (even) in this legal domain. As Epstein provides a compendium of costs to employment discrimination laws, I offer here a compendium of possible benefits against which the costs should be weighed. Doing so leaves plenty of room for disagreement but perhaps surprisingly provides additional support for Epstein’s critique of the Age Discrimination in Employment Act.

Age Discrimination by Platforms

This Essay explores how platforms in the workplace (both social media and hiring platforms) might enable, facilitate, or contribute to age discrimination in employment. The Essay starts with evidence of age discrimination on popular platforms particularly with regard to design elements used to redline, dissuade, or cull older applicants. It then presents the challenging legal issues raised by the mediation of such discriminatory practices by a platform, notably in regards to proof of both disparate treatment and disparate impact. The Essay then puts forth a three-part proposal to combat age discrimination in the face of platform authoritarianism. Those proposals include: 1) education regarding the use of ageist language in job ads; 2) the reinforcement of the disparate impact cause of action for the Age Discrimination in Employment Act (ADEA) via codification; and 3) new EEOC guidelines for design and documentation requirements for job advertisement, recruitment, and hiring platforms.

KNOWLEDGE OF ANTI-DISCRIMINATION LEGISLATION AND READINESS TO SEEK ANTI-DISCRIMINATION PROTECTION OF RESPONDENTS EMPLOYED IN THE SYSTEM OF SCIENCE AND HIGHER EDUCATION OF THE REPUBLIC OF CROATIA

The intention of the paper is to achieve two goals: to point out the seriousness of the consequences of age discrimination in employment and the importance of knowledge of law, and to check the situation in the science and higher education system of the Republic of Croatia when it comes to knowledge of anti-discrimination legislation to seek protection against age discrimination. In view of the above, the paper is divided into two parts, the general part, the theoretical part and the special part. The theoretical part is focused on definition and analysis of discrimination and age discrimination, statistical indicators of discrimination and age discrimination in the Republic of Croatia, the importance of knowledge of the law and the procedure for protection against discrimination before Croatian courts. Special attention in the theoretical part of the paper is paid to the analysis of the case law of the Court of Justice of the EU regarding age discrimination. A special part of the paper is focused on the presentation and analysis of data obtained through empirical research.&nbsp; Keywords: age discrimination, protection against discrimination, system of science and higher education of the Republic of Croatia

프랑스의 고용상 연령차별금지 법제도와 그 시사점

프랑스의 고용상 연령차별금지 법제도와 그 시사점

It’s Alright, Ma, It’s Life and Life Only: Are Colleges and Universities Legally Obligated during the Coronavirus Pandemic to Exempt High-Risk Faculty from In-Person Teaching Requirements?

Because there is no law specifically addressing colleges’ and universities’ legal obligations to allow faculty for health reasons to opt for online, rather than in-person, teaching during the coronavirus pandemic, colleges, universities, and their faculties generally seem to be proceeding on the assumption that any such legal obligations are no more than minimal. This Article challenges that widespread assumption and argues that colleges and universities in fact have very substantial legal obligations in this regard. We focus on the group of faculty whom we believe colleges and universities have the clearest legal obligation to protect -- those who, according to the Centers for Disease Control and Prevention, appear to be most vulnerable to getting seriously ill or even dying if they contract the coronavirus. In the language of the CDC, our focus is faculty members “at increased risk of severe illness from COVID-19,” which, according to the CDC, means anyone who has reached age 65 or who has one of various “medical conditions,” including cancer, chronic kidney disease, diabetes, hypertension, pregnancy, and more. We argue that four separate legal sources are best understood as requiring colleges and universities to exempt high-risk faculty from any in-person teaching requirement. Two of the four sources are federal statutes that qualify as major statements of national policy – the Americans with Disabilities Act and the Age Discrimination in Employment Act. The other two sources are important state-law doctrines with strong support in the American Law Institute’s most recent restatement of the law of torts – protection from intentional infliction of physical harm, and protection from intentional infliction of emotional distress. We hope our arguments will provide college and university leaders with a perspective that will prompt them to recognize the great importance of adopting an exemption policy that at a minimum covers high-risk faculty. Perhaps they would adopt such a policy simply to avoid possible legal liability. Ideally, however, they would do so at least in part out of a recognition that a college or university policy at odds with legal sources as weighty as the four discussed speaks very poorly for their institution.

Why Retirement, Social Security, and Age Discrimination Policies Need to Consider the Intersectional Experiences of Older Women

We provide an overview of research that indicates that older women face unique challenges and opportunities with respect to work, retirement, Social Security, and age discrimination law. We present estimates of poverty by age and sex, showing that poverty increases with age for women due to older women often outliving their spouses and becoming widowed. We discuss research that shows that women benefit more than men from working longer. We then note that older women face intersectional discrimination that can unfortunately be a barrier to older women working longer. We detail how older women often “fall between the cracks” of the Age Discrimination in Employment Act and Title VII of the Civil Rights Act and are thus not well protected against this intersectional discrimination. As a final example of how women face different circumstances, we summarize research on how older women were differentially negatively impacted by the elimination of Social Security’s Retirement Earnings.