Age Discrimination in Employment Act Essay Example for Free

Age Discrimination in Employment Act Essay The Age Discrimination in Employment Act (ADEA) of 1967 prohibits employers from discriminating against employees, or job candidates, on the basis of age. This law covers workers who are 40 years of age and older. An employer must have at least 20 workers to be covered by this law. The Equal Employment Opportunity Commission (EEOC) enforces the Age Discrimination in Employment Act. According to the Equal Employment Opportunity Commission (EEOC), the Age Discrimination in Employment Act makes it unlawful for an employer to make employment-related decisions based on an employees or a prospective employees age. Here are several ways in which workers age 40 and above are covered: †¢An employer cant make hiring decisions based on an applicants age and he or she cant discriminate based on age when recruiting job candidates, advertising for a job or testing applicants. †¢An employer cant fire a worker because of his age. †¢An employer cant use age to classify, segregate or limit an employee if this will negatively affect the employees status or deprive him or her of opportunities. †¢An employer cant use age to determine an employees pay. †¢An employer cant deny benefits to an employee because of the employees age. In some circumstances, however, the employer may provide reduced benefits to older workers if the cost of providing those reduced benefits matches the cost of providing benefits to a younger worker. In other words, the cost of providing the benefits to older workers and younger workers must be the same. †¢An employee may take age into account when making an employment-related decision only if it is in regard to an authentic qualification necessary for the businesss operation. Age discrimination involves treating someone (an applicant or employee) less favorably because of his age. The Age Discrimination in Employment Act (ADEA) only forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states do have laws that protect younger workers from age discrimination. It is not illegal for an employer or other covered entity to favor an older worker over a younger one, even if both workers are age 40 or older.Discrimination can occur when the victim and the person who inflicted the discrimination are both over 40. Age Discrimination Work Situations The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. Age Discrimination Harassment It is unlawful to harass a person because of his or her age. Harassment can include, for example, offensive remarks about a persons age. Although the law doesnt prohibit simple teasing, offhand comments, or isolated incidents that arent very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victims supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer. Age Discrimination Employment Policies/Practices An employment policy or practice that applies to everyone, regardless of age, can be illegal if it has a negative impact on applicants or employees age 40 or older and is not based on a reasonable factor other than age (RFOA). 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. 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. The ADEA permits employers to favor older workers based on age even when doing so adversely affects a younger worker who is 40 or older. 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. 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. ADEA protections include: †¢Apprenticeship Programs It is generally unlawful for apprenticeship programs, including joint labor-management apprenticeship programs, to discriminate on the basis of an individual’s age. Age limitations in apprenticeship programs are valid only if they fall within certain specific exceptions under the ADEA or if the EEOC grants a specific exemption. †¢Job Notices and Advertisements The 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 â€Å"bona fide occupational qualification† (BFOQ) reasonably necessary to the normal operation of the business. †¢Pre-Employment Inquiries The ADEA does not specifically prohibit an employer from asking an applicant’s age or date of birth. However, because such inquiries may deter older workers from applying for employment or may otherwise indicate possible intent to discriminate based on age, requests for age information will be closely scrutinized to make sure that the inquiry was made for a lawful purpose, rather than for a purpose prohibited by the ADEA. If the information is needed for a lawful purpose, it can be obtained after the employee is hired. †¢Benefits The Older Workers Benefit Protection Act of 1990 (OWBPA) amended the ADEA to specifically prohibit employers from denying benefits to older employees. Congress recognized that the cost of providing certain benefits to older workers is greater than the cost of providing those same benefits to younger workers, and that those greater costs might create a disincentive to hire older workers. Therefore, in limited circumstances, an employer may be permitted to reduce benefits based on age, as long as the cost of providing the reduced benefits to older workers is no less than the cost of providing benefits to younger workers. Employers are permitted to coordinate retiree health benefit plans with eligibility for Medicare or a comparable state-sponsored health benefit. †¢Waivers of ADEA Rights An employer may ask an employee to waive his/her rights or claims under the ADEA. Such waivers are common in settling ADEA discrimination claims or in connection with exit incentive or other employment termination programs. However, the ADEA, as amended by OWBPA, sets out specific minimum standards that must be met in order for a waiver to be considered knowing and voluntary and, therefore, valid. Among other requirements, a valid ADEA waiver must: obe in writing and be understandable; ospecifically refer to ADEA rights or claims; onot waive rights or claims that may arise in the future; obe in exchange for valuable consideration in addition to anything of value to which the individual already is entitled; oadvise the individual in writing to consult an attorney before signing the waiver; and oprovide the individual at least 21 days to consider the agreement and at least seven days to revoke the agreement after signing it. If an employer requests an ADEA waiver in connection with an exit incentive or other employment termination program, the minimum requirements for a valid waiver are more extensive. See Understanding Waivers of Discrimination Claims in Employee Severance Agreements at http://www.eeoc.gov/policy/docs/qanda_severance-agreements.html

Introduction to the Scientific Method :: essays research papers

Introduction to the Scientific Method The scientific method is the process by which scientists, collectively and over time, endeavor to construct an accurate (that is, reliable, consistent and non-arbitrary) representation of the world. Recognizing that personal and cultural beliefs influence both our perceptions and our interpretations of natural phenomena, we aim through the use of standard procedures and criteria to minimize those influences when developing a theory. As a famous scientist once said, "Smart people (like smart lawyers) can come up with very good explanations for mistaken points of view." In summary, the scientific method attempts to minimize the influence of bias or prejudice in the experimenter when testing an hypothesis or a theory. I. The scientific method has four steps 1. Observation and description of a phenomenon or group of phenomena. 2. Formulation of an hypothesis to explain the phenomena. In physics, the hypothesis often takes the form of a causal mechanism or a mathematical relation. 3. Use of the hypothesis to predict the existence of other phenomena, or to predict quantitatively the results of new observations. 4. Performance of experimental tests of the predictions by several independent experimenters and properly performed experiments. If the experiments bear out the hypothesis it may come to be regarded as a theory or law of nature (more on the concepts of hypothesis, model, theory and law below). If the experiments do not bear out the hypothesis, it must be rejected or modified. What is key in the description of the scientific method just given is the predictive power (the ability to get more out of the theory than you put in; see Barrow, 1991) of the hypothesis or theory, as tested by experiment. It is often said in science that theories can never be proved, only disproved. There is always the possibility that a new observation or a new experiment will conflict with a long-standing theory. II. Testing hypotheses As just stated, experimental tests may lead either to the confirmation of the hypothesis, or to the ruling out of the hypothesis. The scientific method requires that an hypothesis be ruled out or modified if its predictions are clearly and repeatedly incompatible with experimental tests. Further, no matter how elegant a theory is, its predictions must agree with experimental results if we are to believe that it is a valid description of nature. In physics, as in every experimental science, "experiment is supreme" and experimental verification of hypothetical predictions is absolutely necessary.

Gender role Essay

Gender role/expectation that exists in contemporary Japanese society Discuss one gender role or expectation that exists in contemporary Japanese society, please talk about: 1. how/why this role emerged and 2. provide examples of how men and/or women are changing and resisting/subverting this gender role/expectation. In Japan, traditional gender roles are characterised by a strong sense of patriarchy in society, this is a male dominated country with a distinct separation of gender roles. In the family, this refers to the idea that the man is a breadwinner and the woman is a homemaker. At the workplace, there is a strong male dominance in the company hierarchy. Generally, men have more career opportunities, often life-time job and good salary, and women are considered to be temporary employers, expected to stop working after the marriage or childbirth. Working women generally take on non leadership roles, so this reduces the possibility to climb on career steps. Childcare is regarded as the mother’s responsibility and the father’s domestic role is limited in helping to repair something and playing with children on weekends. Wives spend lot of time inside the house, and husbands – outside. Today this situation is a little bit changing, but still, remains the idea that man stands few steps higher than women, especially at work places and at government institutions. Gender roles and attitudes towards these roles among young generation’s couples are changing in a good way – men spend more time with their children, and women have more opportunities in their career, especially in international context. Young people, travelling abroad and then coming back to Japan begin to be more flexible and more elastic in this strict Asian country. They bring new waves, new feelings and new experiences, so it is natural, that little change towards the equality between man and woman is coming also. Then the old generation is less flexible than young Japanese people – attitudes are changing, but their behaviour is not. Nowadays, we can see optimistic alterations, for example, some sociologists claim that with the rising problems faced by the Japanese economy, there have been changes in the structured patterns of gender in both the family and the workplace. Economic recessions in this country have forced many women to enter the labour force in order to increase the level of income. With an increasing number of women in the labour force, the existing gender ratios have been altered favouring increased gender equality. Changes in the family can be seen in the presence of omiai, the traditional arranged marriage. Women are also marrying later, with the average age of first marriage at 28-29 years in 2005, compared to 25 years in 1983. For increasing equality between gender roles, the government began to pass legislation such as a Gender Equality Law, which aimed to set broad new principles for Japanese society. In addition, government legislation such as the Equal Employment Opportunity and Labour Standard Laws were set up to outlaw workplace discrimination and set up a definition for sexual harassment. These laws set the stage for a more equitable treatment of women and served as a positive step towards increased gender equality. (http://en. wikipedia. org/wiki/Japanese_law) Coming back to the discourse about marriage, in modern Japan, under the democratic constitution, marriage is supposed to be based on equal relations between man and woman. Polygamy is prohibited, and Japanese family is formed under the father as a head of household. The contemporary Japanese family, however, is changing rapidly because of lower birth rates, longer life expectancies, an increase in the number of one-person households, and later age at marriage. Globalisation and cheaper travelling has also positive transformations in gender roles and equality. As an example, I would like to tell about one young Japanese couple, I was living in their neighbourhood for 4 months. I have noticed that the wife is not subordinated under her husband, as I have read before in some articles about traditional relations between married couple. During my university classes I have read that traditionally husband and wife are expected to communicate as little as possible here in Japan. This situation is described as a domestic divorce. There is no conversation, communication and sexual relations between a husband and wife, but they do not divorce. Well, now I can say that not all the couples are like that. Wife’s and husband’s roles are changing in positive. This young couple, on my opinion, is really an ideal couple. They were dividing their house keeping roles without any dominating behaviour. I haven’t noticed more power on her or his behaviour. They were acting as a normal, equal couple. Of course, one gender role – mother’s role, is noticeable, and, I think, is still resisting in Japan. Being a good mother sometimes could be even more important than being a good wife or lover. The concept of motherhood in Japan has deep cultural and historical roots, and today’s women still believe in the power of caring their children as well as they can. Another role, man as the main breadwinner of the family, is also resisting. The perception of the man as a main householder is common also in the rest of world, especially in South European countries. On conclusion, we can see that young Japanese families are changing apparently. Men are more and more present in domestic activities and women are more and more able to combine work and house-keeping together. I am sure that now, in the 21st century, the Japanese family is becoming on gender-equality based family! 2 FOLLOWING QUESTIONS Depiction of gender in the Japanese media (advertising/ TV commercials) Researchers and sociologists recently are talking a lot about that the stereotypic portrayals of men and women found in mass media reinforce gender stereotypes in Japanese society. A limited literature and research on Japanese media suggests that gender stereotypes may be present in Japan. Theoretically, we can argue about the existence or not, but practically, it’s true. Stereotypes exist, and fairly strong, especially during the after war period and the past three decades. We can see it on TV, magazines and newspapers. Media is a reflection of mass culture. So it’s normal to see these stereotypes depicted in media. Over the past decade gender stereotyping in television commercials has received particular attention. Some studies have reported either modest (Schneider & Schneider, 1979) or substantial decrements (Bretl and Cantor, 1988; Ferrente et al. , 1988) in stereotyping while others have found no significant changes in the portrayals of men and women over time (Lovdal, 1989; Maklin & Kolbe 1984). Of course, there is always big difference between woman and man, their role in society, work and family has different meanings and different approaches. For example, „boys are encouraged to be aggressive, become leaders, engage in sports, and grow into ‘macho’ men. Research by Sobieraj, 1998 (Children Now, Images of Men and Boys in Advertising, Spring, 2000), found in advertising for toys that these showed boys as â€Å"strong, independent, athletic, in control of their environments, adventurous, and aggressive. Girls are shown as giggling, gentle, affectionate, fixated on their physical appearance, and extremely well behaved. a (http://www. directessays. com/viewpaper/79101. html) I have watched some advertisements in TV, and noticed that women in these commercials are more likely to be young, beautiful, dependents, in the home and users of the products. They also are recommending some products without specific explanation how to use it or without the support of factual arguments (Men are better in to weigh in with an argument, I think). Men, on the other hand, are older, often â€Å"salarymen†, somewhere outside of the home and authorities on the products. They are also often explaining why the products are good and recommending items soundly. Even though some stereotypes about the presentation of gender in commercials persist (for setting, product type, voice-over), the recent study found an equal number of males and females appearing as primary characters in commercials during prime time. („Changing Gender Roles in Prime-Time Commercials in Malaysia, Japan, Taiwan, and the United Statesa, Mary Jiang Bresnahan, Yasuhiro Inoue, Wen Ying Liu and Tsukasa Nishida). Talking about gender stereotypes in Japanese media, maybe somebody would talk about women position and how this position is objectified. Of course, Japanese women in past few decades felt discriminated politically and economically. This unsafeness made them feel weaker, and maybe unappreciated. But we can also see it from the opposite side. We can think about how men are objectified. Especially, how the male ideal in Japanese media is becoming closer and closer to a woman (as I have mentioned about it in past sociology papers). Recent studies talk about some changes of stereotypic portrayals of men and women and also are investigating changes in gender stereotyping over time. As example, in one online magazine we can find that „although some indigenous gender stereotyping was evident, several traits previously associated with Japanese women (devoted, obliging, rattle-brained, superstitious) were associated with men. Also, men were not linked with certain stereotypical male traits (autocratic, blustery, forgiving, generous, and severe). (http://www. jstor. org/pss/4189063). Other findings included women being shown in a positive way as often as men. This means that women are represented almost in the same way as men, for example, if advertisement is promoting a high-price product, there is an equal number of man and women shown in commercials. Otherwise, it is evident that gender, sex and advertising are „workinga for only one purpose- to make people desire specific product and to buy it.   

Chivalry in Edmund Burkes Reflections on the Revolution...

Chivalry in Edmund Burkes Reflections on the Revolution in France ...But the age of chivalry is gone... Amidst a wealth of metaphors and apocalyptic maxims, this line is perhaps the most memorable from Edmund Burkes Reflections on the Revolution in France. He masterfully employs the concept of chivalry to express his anti-revolutionary sentiment, and he dramatically connects it to images of land, sex, birth and money to express the widespread disorder that accompanies a loss of chivalry. Nowhere is this idea more explicit than in the following passage: ...–But the age of chivalry is gone. —That of sophisters, oeconomists, and calculators, has succeeded and the glory of Europe is extinguished for ever. Never, never more,†¦show more content†¦What it does imply is that the glory and bond of Europe as a conglomerate in which England and France are leaders may have been severed. Furthermore, it is unlikely that Burke believes either of the aforementioned statements. Subsequent lines in the essay like, ...we still bear the stamp of our forefathers and We have not (as I conceive) lost the generosity and dignity of the fourteenth century... suggest that English society still clings to its heritage and manners to some extent (18). Additionally, one cannot overlook the prophetic nature of Burkes claims; he predicts what will happen if chivalry is lost. He and the reader both recognize that chivalry survives at least in the minds of men and sometimes even in the practice of men (like Burke who acts chivalrous by defending chivalry), but also because Burkes motivation for writing his essay would be significantly diminished if the revivification of chivalry were an impossibility. Similarly, if he truly believed that the glory of Europe were gone forever and the ties permanently severed, it is less likely that he would choose a Frenchman as the recipient of his philo sophical letter. To comprehend Burkes argument based on chivalry, one must ascertain the meaning that chivalry holds for him. The language of the passage at hand unveils terms such as loyalty, dignified obedience and proudShow MoreRelated Edmund Burke and Thomas Paines Views on the French Revolution645 Words   |  3 PagesEdmund Burke and Thomas Paines Views on the French Revolution Edmund Burke and Thomas Paine were two of the several strongly-opinionated individuals writing back-and-forth in response to what the others were saying about the French Revolution. Burke, a critic, writes first. Paine, a supporter, responds. In the excerpt from Reflections on the Revolution in France, Burke argues in favor of King Louis XVI and his wife, Marie Antoinette. When Marie was murdered, Burke says, â€Å"As aRead MoreThe Vampyre By John Polidori Essay1355 Words   |  6 Pagesstory appears to be responding to the times it was published in, times of immense social and technological change which Romantics such as Polidori tackled through their writings. The drivers of this disruptive change during Polidori’s time are two revolutions, that is, the Industrial and French -- both of which brought the Romantics much cause for lamentation or celebration. As such, a couple questions appear when considering these depictions, that is, what is Polidori doing with these depictions, isRead More Gentlemanly Ideals in Emma and Reflections on the Revolution in France2144 Words   |  9 PagesGentlemanly Ideals in Emma and Reflections on the Revolution in France The last two centuries have been full of drastic changes in the human condition. Today, we tend to overlook just how drastic those changes were. Britain during the late 18th Century provides an excellent example because both the Industrial Revolution and the French Revolution were chipping away at the established social order. In Britain, the aristocracy had ruled in relative stability since the medieval period. There were