Discrimination in the USA: The Elderly

Discrimination in the USA:The Elderly Group research project by Balukhta O. Svechnikova N. Zhukova O.

State and federal laws protect workers from discrimination based on their age • ADEA – 1967 • OWBPA-1990 • State Laws

The 1967 law covers about 70 million workers age 40 or older, nearly half the work force.

Whom does it concern? • 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. • The ADEA applies to employers with 20 or more employees, including state and local governments. It also applies to employment agencies and labor organizations, as well as to the federal government.

The main points of ADEA: • 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 hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. • It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADEA.

How does ADEA protect the Elderly? • Apprenticeship Programs • Job Notices and AdvertisementsThe ADEA generally makes it unlawful to include age preferences, limitations, or specifications in job notices or advertisements. A job notice or advertisement may specify an age limit only in the rare circumstances where age is shown to be a "bona fide occupational qualification" (BFOQ) reasonably necessary to the normal operation of the business. • Pre-Employment Inquiries

Older Workers Benefit Protection Act • protects people who are at least 40 years old • an employer cannot: • reduce health or life insurance benefits for older employees • stop their pensions from accruing if they work past the normal retirement age • discourages businesses from targeting older workers when cutting staff • prohibits employers from forcing employees to take early retirement

State laws • some of these laws essentially mirror federal law and protect people only older than 40 • other state laws are broader and protect workers of all ages • tend to apply to employers with fewer than 20 employees

EEOC (Equal Employment Opportunity Commission) • When a person feels he or she is being discriminated, they should contact their local office of EEOC • In Fiscal Year 2004, EEOC resolved 15,792 age discrimination charges and recovered $60.0million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation). • People can also seek for help in AARP (American Association of Retired Persons)

American Association of Retired Persons • Oldest and largest advocacy group for senior citizens in the United States; founded in 1958 by Dr. Ethel Percy Andrus, a retired educator; • Headquarters in Washington, D.C., has more than 35m members and more than 3,500 chapters throughout the USA; • Funded by annual membership dues, which cover the member and his/her spouse; • Membership is open to all persons over the age of 50, whether working or retired; • Private non-profit organization dedicated to helping older Americans achieve lives of independence, dignity and purpose; • Non-partisan organization that does not endorse political candidates;

AARP’s Goals • To assure economic security for the elderly and affordable comprehensive care for all; • To improve attitudes about the elderly in the work place;

The activities of AARP • Runs a volunteer program called “AARP/VOTE” which educates voters about issues of concern to senior citizens; • Conducts research about the needs of an aging population; • Runs an extensive nationwide volunteer network aimed at improving the self-worth and self-reliance of senior citizens; • Offers training for lawyers who represent the elderly;

The activities of AARP • Its consumer affairs program inform senior citizen about goods and services; • Offers a variety of insurance benefits to its members, including a Group Health Insurance Program that offers lower rates for health insurance to supplement existing coverage; • Screens health maintenance organizations (HMOs) and offers endorsements to those that met its standards in quality and price (since 1996); • The Grandparent Information Center provides information and support to grandparents who are raising their grandchildren;

U.S. Supreme Court Cases • O'Connor v. Consolidated Coin Caterers (1996) • Hazen Paper Co. v. Biggins (1993) • Gilmer v. Interstate/Johnson Lane Corp. (1991) • Stevens v. Department of Treasury (1991)

Discrimination in the USA: The Elderly