Decoding Age Discrimination: From Claims to Defenses - Paper Sample

Topic One

How an employee files an ADEA claim

Age discrimination has remained one of the most battled areas in the cooperate world, there has always been a great debate. Age discrimination depicts a direct violation of the American Constitution and the possible limitation of Americans to live the American dream. Age discrimination provides a barrier, acting as a discrimination concept, that limits or deters a particular group from obtaining employment rights (Carlsson, & Eriksson, 2019). As a result, the Age Discrimination in Employment Act (ADEA) offers aged employees (40 years and above) the opportunity to seek employment without discrimination, which helps them to be considered as possible qualified candidates in any job application.

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According to EEOC (2020), one can file charges of discrimination if they feel they have been discriminated against at work due to their color, race, sex, religion, sexual orientation, gender identity, pregnancy, nationality, origin, as well as age, which is mostly considered to be 40 years and older. The above criteria give the candidate, a possible chance to file discrimination charges with the Equal Employment Opportunity Commission (EEOC).

The procedures that the EEOC must follow in investigating the claim

Once a complaint has been filed, the EEOC notifies the employer within a period of ten days (Department of Justice, 2020). The response back to the complainant triggers the EEOC to begin their investigation, which includes requesting vital information from the employer, and the employee. The process involves interested parties, with the review of documents, which helps to get concrete evidence, that may help acknowledge the alleged charges.

Any complainant, wishing to bypass the formal administrative path, should always initiate the civil action shortly after the expiration of the notified 30 days, indicating the intent to sue. The notification helps to bring to attention that the company may have been involved in the violation of the Age Discrimination in Employment Act (ADEA).

Topic Two

How can a Plaintiff establish a prima facie (baseline) case of Age Discrimination?

A plaintiff can establish a prima facie using two distinctive theories, which help to define and explain how the concept of age discrimination occurred during the employment process. A plaintiff can set forth two discriminatory theories, which include disparate impact and disparate treatment. In supporting the disparate impact theory, a plaintiff can establish or help provide evidence on the hiring procedure, which outlines how the entire activity excluded the aged candidates.

Discriminated candidates can file complaints regarding age discrimination using two essential options, which may include the Administrative Complaint Process (A.C.P.). Under this option, the complainant can file a formal complaint, which is supported under 29 C.F.R. 1614 (EEOC, 2020). On the second option, the complainant can use the second option, which includes, The Civil Action in the U.S. District Court. The process involves bypassing the Administrative Complaint Process that is supported under 29 C.F.R. 1614. The complainant has to file the civil action in an appropriate U.S. district court shortly after notifying the EEOC with not less than 30 days’ notice. More so, the claims should be filed within a period of six months (180 days) after the discrimination incident was recorded (EEOC, 2020).

Topic Three

Employer’s defense on Age Discrimination lawsuit

The Age Discrimination in Employment Act (ADEA) advocates equality, helping the elderly potential candidates to be employed. However, an employer may have possible defense grounds due to age discrimination, which helps defend them while turning down aged candidates. For example, pilots are subjected to a mandatory retirement age, which allows employers to walk freely from the alleged charges (Cavico, & Mujtaba, 2016). Employers are protected by the Bona Fide Occupational Qualification (BFOQ) system, which provides a valid defense for why an employer may turn down a potential candidate. If the job vacancy limits a certain age from working, the employer can use the BFOQ as a defense on the reasons that support the discrimination.

References

Carlsson, M., & Eriksson, S. (2019). Age discrimination in hiring decisions: Evidence from a field experiment in the labor market. Labour Economics, 59, 173-183.doi.10.1016/j.labeco.2019.03.002

Cavico, F. J., & Mujtaba, B. G. (2016). The bona fide occupational qualification (bfoq) defense in employment discrimination: A narrow and limited justification exception. Journal of Business Studies Quarterly, 7(4), 15. https://search.proquest.com/docview/1807471974?pq-origsite=gscholar&fromopenview=true

Department of Justice. (2020). 94. Age Discrimination In Employment Act (ADEA) Complaints. Justice.gov. https://www.justice.gov/jm/eousa-resource-manual-94-age-discrimination-employment-act-adea-complaints.

EEOC. (2020). Filing A Charge of Discrimination | U.S. Equal Employment Opportunity Commission. Eeoc.gov. https://www.eeoc.gov/filing-charge-discrimination.