A Discussion of Age Discrimination in the Workplace
be brought for age discriminate under the ADEA.
On July 5th, 2001 the 11th Circuit panel ruled unanimously in favor of Florida Power Corporation. The panel concluded that disparate impact claims cannot be brought under the ADEA. The decision of the 11th circuit was consistent with four other circuit courts, but contrary to three other circuit courts. The three courts contrary to the 11th Circuit Court stated in their opinion that “because the language in the ADEA parallels language in Title VII, disparate impact claims should be allowed under ADEA” (Musgrave, 2002). Judge Rosemary Barkett stated that “ disparate impact claims could be make on a case by case basis but the Adams case did not have the appropriate evidence to argue for disparate impact” (Musgrave, 2002). On December 13th, 2001, the United States Supreme Court demanded the record of the case from the 11th Circuit Court and concluded that it had accepted the ruling of the case.
Management can lessen the chance of an age discrimination lawsuit being filed against them or their company by understanding and following the laws in the ADEA. All employees, from the CEO to the technicians need to understand how statements and actions can cause an age discrimination case against their company. During a reduction in force the employer can do things to guard against lawsuits. The employer should “follow a specific procedure for the terminations, where objective criteria is used to determine which individuals shall be discharged, and where the discharged employee is not replaced by a younger employee” (2001, pg. 435). Accurate documentation of the employee, reviews and events leading up to the RIF are vitally important if the employee decides to file a claim. In the case of elimination a position entirely, “if the discharged employee cannot show that his or her employer had some continuing need for his or her skills and services in that his or her various duties were still being performed, then the basis of the clam collapses” (2001, pg. 436).
During the hiring stage, managers should be extremely specific on what qualification and requirements the potential employee will need. If the job description requires the employee to lift 70 pounds, it is wrong to assume that the 55 year old applicant cannot lift that much. In fact, that applicant may be the most qualified of all the applicants and it is in violation of ADEA to eliminate them from the job under the assumption they cannot lift the required amount. If the applicant meets the other requirements he or she should be contacted and given the opportunity to show that he of she can lift the amount required by the job. Management should also be careful during the recruitment stage as statement such as “looking for young upstarts to help build growing business” (2001, pg. 442) can show the appearance that [next page]