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Age Discrimination And Layoff
On the pretext of mergers, restructuring or better business; approximately 10 million workers in the US lost their jobs between 1983 to 1988 as per records furnished by the Bureau of Labor Statistics. |
Half of this approximation was accredited to senior employees, making one wonder that was this really a move towards business growth or a discrimination against the senior employees owing to their age?Statistics reveal that the possibility of a professional losing his or her job rises in proportion to age. Under the guise of economic restructuring, older workers have suffered immensely. It could be named reduction-in-force, a lay off, closure, merger or transfer; the maximum brunt of such actions is faced by older employees over the age group of 50 years. It forces one to reflect and think that are these real reasons or is it plain simple age discrimination?
The rising incidence of lay offs due to age discrimination, led the judiciary to protect the rights of the older employees that is above the age of 40 via the Federal Age Discrimination in Employment Act (ADEA). However, the incident should be reported within the time period of 180 days of violation with the Equal Employment Opportunity Commission. The company can be penalized of a lay off on the basis of age discrimination unless it is proven that the lay off was structured. There are several loopholes in such cases that prove to be advantageous to the advocates representing the laid off old employee. Generally, an act of reduction-in-force or RIF is biased when absolute power rests in the hands of the supervisors. An older employee earning two times more than a younger one obviously stands more susceptible to a lay off in terms of cost reduction by the company. Also, there are certain aspects that govern the RIF plan and it must be ensured that the company followed so.
It would not be an assumption to state that the downslide in economy has probably become an excuse for removing workers that one could not during normal circumstances. In the year 2008, the maximum number of cases of age discrimination was reported. Out of a total of 95,402 complaints registered that year, 24,582 represented allegations of age discrimination. The number highlighted a 29 percent increase in such cases from the records of the previous years. Some employees have emerged victorious after lawsuits.
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Age Discrimination And Layoff
