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Article
Publication date: 1 February 1985

Robert 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.

Details

Equal Opportunities International, vol. 4 no. 2
Type: Research Article
ISSN: 0261-0159

Keywords

Article
Publication date: 1 January 2013

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…

25295

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.

Details

Equality, Diversity and Inclusion: An International Journal, vol. 32 no. 1
Type: Research Article
ISSN: 2040-7149

Keywords

Article
Publication date: 1 June 1995

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).

Details

Equal Opportunities International, vol. 14 no. 6/7
Type: Research Article
ISSN: 0261-0159

Article
Publication date: 1 April 1980

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.

Details

International Journal of Social Economics, vol. 7 no. 4
Type: Research Article
ISSN: 0306-8293

Article
Publication date: 1 August 2001

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…

707

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.

Details

Equal Opportunities International, vol. 20 no. 5/6/7
Type: Research Article
ISSN: 0261-0159

Keywords

Article
Publication date: 1 December 2001

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…

4197

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.

Details

Equal Opportunities International, vol. 20 no. 8
Type: Research Article
ISSN: 0261-0159

Keywords

Article
Publication date: 1 May 1989

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.

Details

Employee Relations, vol. 11 no. 5
Type: Research Article
ISSN: 0142-5455

Keywords

Article
Publication date: 1 June 1995

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.

Details

Equal Opportunities International, vol. 14 no. 6/7
Type: Research Article
ISSN: 0261-0159

Article
Publication date: 1 March 1999

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…

1536

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.

Details

Equal Opportunities International, vol. 18 no. 2/3/4
Type: Research Article
ISSN: 0261-0159

Keywords

Article
Publication date: 1 September 2000

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…

629

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.

Details

Equal Opportunities International, vol. 19 no. 6/7
Type: Research Article
ISSN: 0261-0159

Keywords

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