Age Discrimination Lawsuits & Societal Attitudes

Robert Butler, the first director of the National Institute on Aging, coined the term "ageism" in 1969 and likened it to other forms of bigotry such as racism and sexism (Robinson, 1994). Butler defined ageism as "a process of systematic stereotyping and discrimination against people because they are old" (Robinson, 1994). Today, ageism is more broadly defined as any prejudice or discrimination against or in favor of an age group (Robinson, 1994).

The Age Discrimination in Employment Act of 1967

Congress enacted the Age Discrimination in Employment Act (ADEA) in 1967 to address discriminatory practices that affect older workers. Generally, the ADEA prohibits an employer from refusing to hire, discharging or otherwise discriminating against any individual with respect to compensation, terms, conditions or privileges of employment because of age (Zall, 2000, p. 3941). In particular, the ADEA defines "older employees" as workers who are aged 40 and above.

One of the most recent cases decided regarding the ADEA was reported in September. In that case, the 3rd U.S. Circuit Court of Appeals decided that under the Age Discrimination in Employment Medicare-eligible retirees can sue their employers if their employers provide them with lesser health care benefits than other, younger retirees (Anonymous, 2000, p. 8). The trade magazine Business Insurance reported that the court's decision shocked employers because they have long thought that the ADEA ap

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ses that it can be very difficult for either an individual or a group to prevail in a lawsuit brought under the ADEA. Theoretical Issues It can be very difficult to prove age discrimination, primarily because the older worker must prove that the employer can offer no rational reason other than age discrimination for his or her action. For example, in a "refusal to hire" case, a former employee must prove that the person actually hired was both younger (under age 40) and less qualified (Zall, 2000, p. 3941). The former employee usually attempts to prove intentional bias while the employer maintains that a legitimate nondiscriminatory reason existed for the employment decision. The former employee has the burden of disproving the employer's claim. This can be extremely difficult given that someone's "qualifications" for a position is often subjectively reviewed. Prevailing Attitudes Toward Ageism Ageism is a negative bias or stereotypic attitude toward aging and the aged (Woolf, 2000). Ageism is maintained in the form of primarily negative stereotypes and myths concerning the older adult. Generally, researchers have outlined four factors that contribute to our negative image of aging. The first contributing factor is our

Category: Government - A