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1 – 10 of 66Robert H. Faley and Lawrence S. Kleiman
Due to declining birth rates and increasing life expectancies, the developed countries can expect progressively ageing workforces comparative to those of Canada and the USA. As a…
Abstract
Due to declining birth rates and increasing life expectancies, the developed countries can expect progressively ageing workforces comparative to those of Canada and the USA. As a result, employers will be less able to draw on a relatively inexpensive, younger labour force for replacements, and in order to maintain current employee levels there will be a greater need for the increasingly ageing working population to stay at work longer. An outline of some of the age‐related regulatory practices of the USA may indicate the way ahead for other developed countries as they try to introduce greater governmental protection of their older workforces.
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Frank J. Cavico, Stephen C. Muffler and Bahaudin G. Mujtaba
The article aims to provide a discussion of societal norms concerning “attractiveness,” the existence of appearance discrimination in employment, the presence of “preferring the…
Abstract
Purpose
The article aims to provide a discussion of societal norms concerning “attractiveness,” the existence of appearance discrimination in employment, the presence of “preferring the pretty”, and then the authors examine important civil rights laws that relate to such forms of discrimination. Finally, the authors apply ethical theories to determine whether such discrimination can be seen as moral or immoral.
Design/methodology/approach
It is a legal paper which covers all the laws related to discrimination based on look. Court cases and Americans laws related to this concept are reviewed and critically discussed.
Findings
The paper finds that appearance‐based discrimination is not illegal in the USA so long as it does not violate civil rights laws.
Research limitations/implications
This research is limited to Federal and State laws in the USA and may not be relevant in other countries as the local laws might vary.
Practical implications
Managers and employees can protect themselves in the workplace from illegal discriminatory practices.
Social implications
Employees know their rights and enhance their understanding of laws related to appearance, attractiveness, and why companies look to hire those who are considered “handsome”, “pretty” and “beautiful”.
Originality/value
This is an original and comprehensive paper by the authors.
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Amos David Thompson and Brian H. Kleiner
This year the median age of American workers will hit 40 [8]. This is the age at which workers become older employees and most will fall under the umbrella of the federal Age…
Abstract
This year the median age of American workers will hit 40 [8]. This is the age at which workers become older employees and most will fall under the umbrella of the federal Age Discrimination in Employment Act (ADEA). The ADEA was passed in 1967 and is based on the precept that one's ability, not age, should determine whether a person gets or retains a job. It applies to all organisations which have 20 or more employees. It is supervised by the Equal Employment Opportunities Commission (EEOC).
James Jolly, Stephen Creigh and Alan Mingay
The United States has attempted to remove the comparative disadvantage of people over 40 in the labour market by legislation against any age discrimination in the employment of…
Abstract
The United States has attempted to remove the comparative disadvantage of people over 40 in the labour market by legislation against any age discrimination in the employment of people aged between 40 and 70, including the prohibition of age qualifications in job advertisements. This paper discusses the main provisions of the American Age Discrimination in Employment Act (1967 and 1973) and then goes on to consider the extent of age discrimination in Britain by analysing a sample of age qualified vacancies notified to the British public employment service.
Victor Jodjana and Brian H. Kleiner
Looks at the US federal Age Discrimination in Employment (ADEA) and gives statistics to suggest that more and more workers fall under the umbrella of this act. Gives a brief…
Abstract
Looks at the US federal Age Discrimination in Employment (ADEA) and gives statistics to suggest that more and more workers fall under the umbrella of this act. Gives a brief summary of its history before providing two case studies as examples. Concludes that the ussue remains prevalent and will probably increase as workers are getting older on average. Gives a brief technique for employer protection.
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Gene G.‐Y. Shen and Brian H. Kleiner
Outlines the findings of recent research in this area. Provides an overview of the issues faced within the hiring process in relation to age discrimination. Covers areas such as…
Abstract
Outlines the findings of recent research in this area. Provides an overview of the issues faced within the hiring process in relation to age discrimination. Covers areas such as the difference between chronological and functional age and workers’ rights within the various Employment Acts. Gives an overview of the current position within the workforce before discussing the characteristics of older workers and giving some examples of recent case law in this area. Offers some suggestions for employees to help ensure fair hiring.
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Patricia A. Greenfield, Ronald J. Karren and Lawrence S. Zacharias
Every employer, unless he or she has no pool of applicants orpotential applicants to choose from, engages in hiring choices. Whilethe hiring process may vary, both from one…
Abstract
Every employer, unless he or she has no pool of applicants or potential applicants to choose from, engages in hiring choices. While the hiring process may vary, both from one employer to another and from one job to another, some form of screening occurs. In recent years, students of management have noted the proliferation of screening practices in the hiring process, especially in bringing new technologies such as medical and drug testing procedures. Testing and other screening practices, while wide‐ranging both with respect to their ends and means, have raised consistent patterns of concern among job‐seekers, public policy makers and managers themselves. In this monograph a variety of methods of screening and issues of public policy raised by screening procedures are discussed. An overview of United States law regulating the screening process is provided, together with future directions in the area of screening in the US.
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Bimal Patel and Brian H. Kleiner
Reasons for Age Discrimination During the course of history, one of the most used methods in teaching a younger worker a new skill was to match him or her up with a veteran worker…
Abstract
Reasons for Age Discrimination During the course of history, one of the most used methods in teaching a younger worker a new skill was to match him or her up with a veteran worker who was quite competent in that skill. The young worker learned by observing, assisting, and practicing in the skill. The “student” spent many hours with the “master” for little or no pay. In time the student learned to become as capable as his teacher. In some societies the passing along of such skills from mentor to student was considered a noble tradition. The actions of corporate America within the past few years run quite contrary to such traditional teaching methods. The restructuring of companies has lead to an increasing perception that older workers are less necessary to corporate success. This trend began in the late 1980s and has continued through the present.
Berlinda (Ching‐Hui) Peng and Brian H. Kleiner
Sets out the US law concerning age discrimination and looks at how recent court cases have ruled out the “ burden of proof” that the employee have to show before winning an age…
Abstract
Sets out the US law concerning age discrimination and looks at how recent court cases have ruled out the “ burden of proof” that the employee have to show before winning an age discrimination case. Summarizes the legal protection given by the Age Discrimination Employment Act against discrimination in recruitment, again quoting case law to show how this law is being applied.
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Piya Kojornkiatpanich and Brian H. Kleiner
Defines the two concepts before discussing disparate impact theory which is not cognisable under the US Age Discrimination in Employment Act (ADEA) through the use of case law…
Abstract
Defines the two concepts before discussing disparate impact theory which is not cognisable under the US Age Discrimination in Employment Act (ADEA) through the use of case law. Lists the protected categories which are covered by disparate treatment and disparate impact law and cites the reasons under which a complaint can be made. Provides a suggested structure for addressing such claims within the company.
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