Age Discrimination Applied to Faculty

This essay discusses the age discrimination and its application to faculty. A description of the issue, discussion of opinions related to this issue, analysis of relevant case law (Age Discrimination in Employment Act (ADEA), implications for leaders in higher education, and conclusion are presented.

The issue for this discussion involves a female teacher member, aged 59 years, who was denied employment at a local college. The individual had an employment history, which included teaching at other colleges. She also had previously published articles in peer review journals related to research conducted in previous educational positions. She had references supporting her ability to teach and the skills needed for the advertised position. She had been out of work for ten years due to her husband's illness and need for her ongoing care. Since her husband passed away, she sought to renew her employment. The college failed to provide her with an adequate explanation of why she was denied employment. In addition, she was asked her age during an interview. Since this individual was convinced that this denial was due to age discrimination, she contacted the director about filing a complaint. The burden of proof that an age distinction has taken place and resulted in employment denial, is on the recipient of Federal financial assistance, in this case the college.

The recipient of federal financial assistance must provide a pub

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Congress to determine if upper or lower age limits needed to be changed (EEOC, 2005). The Act prohibits the refusal to hire or the discharge of an individual due to age and it prohibits the discrimination against any individual with regard to terms, conditions, privileges, or compensation due to age. Employment opportunities must not be kept from an employee due to age and wage rates must not be reduced due to age. Referral for employment must not be refused due to age. Refusal of employees in advertisement due to age is also unlawful (EEOC, 2005). Exceptions to the ADEA include: job denial due to reasonable factors other than age; jobs in which age is an occupational qualification; a bona fide seniority system is in place; defined situations that include terms of a bona fide employee benefit plan; and situations where executives are exempted from protection of involuntary retirement. To be covered by ADEA, an employer must have 20 or more employees per working day in each of 20 or more calendar weeks. To file a complaint of violation of ADEA, an individual must file a pre-charge with the EEOC within 180 days following the alleged unlawful practice or within 300 days in cases where state age discrimination law exist.

Category: Government - A