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Order No. 71146970 Discrimination Based On Age And Disability In Employment
Introduction
To be discriminated has there notion that one is not given the rights that will enable him or her offer the required productivity this is in terms of providing an hostile environment that will lead to the employee have no hope for work because it is not possible to work. This is because if a person is set in an environment such as for example been told to work in a company where by the air pollution is very high and not given the protective devices, this will mean that such person will be in an exposure that will lead to many dangerous disease that are related to smoke and therefore that person’s health will be at risk all the time this means that it will not be possible for one to work in an hostile environment that does not favor his or her health and therefore such a person will feel discriminated due to this condition that is exposed on him or her.( Jose,1997)
Employment discrimination that is mainly based on age and disability has been wide spread in most of the countries this is because these people are seen to be of less importance and not able to offer the required productivity therefore the people are discriminated in terms of hiring, one can be fired any time even without a cause, the people who are discriminated are not even given high ranks even after they have provided their services to the organization and these people are accursed of misbehave and therefore they enter into different punishments .there are different types of discrimination in the employment like the age discrimination which is the state where by the older people are mainly mistreated this is because they are seen to have low productivity and therefore they prefer to employ the young people who are healthy and can work for many hours therefore it is always a bother and time of distress to the people who have experienced and been in older ages. In the case of the disability discrimination this is a case where by the people with abnormalities such as the blind, deaf and dumb and other types of disabilities are not given opportunities to work just like the other normal people this means that such people even if they have experiences are not given chance in the work places to do there work as they are seen to offer little to the organization. There is the race discrimination which is related to the notion whether one is a black or a white and therefore depending on ones race then the employment for example the work for the whites will be very different for the African Americans the reason is that these blacks in US are seen to offer poor quality products even with training and therefore it becomes very hard for them to get good posts in the country. The race discrimination has a high impact mainly to the blacks who educated this is because they are not given chance and the freedom to work like the other citizens. (Jerry, 2001)
The sex discrimination where by the females are treated differently from the males and therefore it means that most of the favorite jobs may be given to either the females of the males depending on the view in that particular organization therefore it becomes very hard for the people to do their work as expected and therefore most of the work will be left undone this means that such an organization will have low productivity which will lead to low economic growth and the country will have less of its own. This is due to the fact that the organizations are not producing enough for sale and also for the nation satisfaction and this will mean that the nation will not have enough products for the rapidly growing population. The employment discrimination leads to the low growth of the economy of the nation this is because it is not possible for them to know and give every one freedom to get jobs just like the rest and therefore the country will end up having many jobless people and this will mean that the dependency rate will be high. With high dependency rate then it means that the country will be forced to get assistance from other countries this is due to the fact that many people who should be doing their work to earn a living are seen to be of less importance and therefore such a country will continue to be experiencing low growth in economy as most of the income will be used to get assistances from other places. (Jeff, 1997)
Age discrimination
This is where by the employer views the people within the ages of 40 to be of less importance this is because they are not able to do their work just like the young even though they have experiences. Most of the commonly discriminated people are the men and women who have attained the ages of 40 and above. This discrimination is seen in cases where by in the times of promotion then the old people are not given promotions, they do not get trainings just like the others and these people are given transfers without notice. The thing is they do not have to enjoy the benefits that are enjoyed by others in the organization. The discrimination is also seen where by they do not get cover for the provision of goods and services this is because they are not seen to be of importance and therefore they do not require to get the benefits of the organization just like the young people in the work place. Due to lack of the benefits that are required for an employee to do his or her work properly then such a person is seen discriminated. The examples of age discriminations includes: a person who is of like 56 years been given to work with a team of colleagues who are of the ages of 20s or those with less years compared to such a person this person is discriminated because the team he or she is working with will not be easy to cope with and therefore such a person will get difficulties in trying to interact and relate with these colleagues. Another example is where by one can work past his of her years of age in that one has retired and he or she is still working. This will lead to claims that will be based on the feeling that their is unfair dismissal of people and if the person is able to challenge the firm then he or she will become a bother because the thoughts that are mainly based on many firms is that it is not possible for a person above the age of 60 years to work perfectly. There is the company giving of pensions in that if one has to be retired and is given more time to work this will mean that such person will have the worry about his or her pension. (Dobrich, 2000)
Disability discrimination
In the treatment of a disable person unfavorably in that without giving him or her the services that are required will lead to problems that will mean that the person will not be able to work as expected will mean that such a person has been discriminated and not able to do what is expected of him or her. This is where by one is not given the rights in his or her abnormality to work and provide the best to the organization. The must common disabilities are blindness. Deafness, dumbness and other disabilities that people may have. Such a person who has been discriminated due to the fact that he or she is abnormal will lead toil more problems affecting such person and therefore he or she will be a bother to the people who relate with such a person. Examples of a disability discrimination is that a blind person who has experiences in typing and rejected in the organization due to his or her state of health this means that it becomes very hard for such person and he or she will be mentally and physically affected as they will have to depend on others for their survival. This person will not be able to know what to do due to the fact that there is no organization that is ready to recruit him or her. Another example is a person with the osteo-arthritis which is a disability that will make the person be not able to walk then such a person is not seen as of importance to do what is expected of him or her and therefore it becomes impossible to do the best so that the productivity can be accepted. Another example is that an employer not been able to offer employer for a disabled person who has got the qualifications and experiences that are required. The signs of discrimination includes: not given benefits that are required to enhance him or her so that the work can be done effectively like for example there are equipments that are required by the blind people to assist them to do their work as expected, also lack of the employer concern on the working environment for these people meaning that it is not possible to work all the best and therefore working becomes a bother for that person and has got to undergo many constraints in his or her life and therefore life becomes very hard. Disabled people are not given the attention that is required for their survival; this is because most of the employers view them as been a problem to the organization as they want to get special care so that they can work well and the fact is that it is not possible to work without some of the important equipments that are required for assistance and therefore it is not always a view that is accepted by most of the employers. (Clayton, 1994)
Laws concerning age discrimination
The laws prohibiting age discriminating are the age discrimination in employment act of 1967. This law ensures that the people who are of 40 years and above are given the same priorities to work just like the rest this is because when people get to the older ages are not preferred by most of the employers and therefore it becomes hard for them to secure jobs just like the young. This law covers these people and therefore it becomes possible for them to work and get what ever they require just like the others who are able to work. The law has the idea that people are not supposed to be discriminated in any way provided such a person is able to work and has got experiences required .the ADEA law is applied to the employers who have more than twenty employees with both the state and the local government and is also applied to the organizations that are based on labor employment and also the federal government. It is against the law to have age limitations in job notices and it applies that the advertisement that has to be made known to the public should not have age indication. If the employer has to ask anything concerning the age of that particular person then it should be lawfully done and should not be disclosed. There is a law that was changed in 1990 that is the older workers benefit protection act that ensures that the older people are not rejected of their benefits but are seen to be just the same as the rest in any working institutions. (Barns, 1998)
If one has been discriminated due to his or her age then the ADEA has got the rights that show that such an employer has to face the law and therefore such a person who is discriminated should ensure that the report is made to the protection law act. For a person to be able to report the discrimination and be considered then he or she should ensure that such requirements must be followed which includes: the rights must be in writing and understandable, it must be specific to the ADEA rights, the rights law should ensure that the claims should not be repeated in future, the rights should have valuable consideration, it must advise the individual on how to go about the laws before signing the law and the individual should be given days to consider the agreement and therefore one should ensure that the rights are well understood and the best is achieved in making sure that the people are not discriminated. This law that is based on the age discrimination has got to be made clear and cover all the employees this is because most of the employer’s do not like to employ the old people and therefore such a person will be willing to work and no job provided and therefore it becomes a bother to him or her if he or she is the sole provider for the family. This will mean that such a person will be forced to do things that are not acceptable by law and lead to more problems. (Barbara, 1997)
Laws for disability discrimination
The American with disabilities act (ADA) deals with ensuring that the people with disabilities are given the same opportunities that are in employment, transportation, public accommodation and the state and local government services. This law ensures that the disabled people are provided with all the equipments that are required in any working environment so that they can do their work as expected that is including the hiring terms, the payment terms, they should get the benefits that are required and this employers includes the private businesses, the educational institutions, the employment agencies and all the institutions that deal with employment opportunities including the local and the federal government. This means that the act ensures that all the other employees are covered with their disabilities and they enjoy their benefits just the same as the normal people. It is not lawful for the employer to discriminate against the disable people when making the arrangements in deciding whom to recruit this means that the employer should be ready to accept the person provided this person can be able to offer what is required by the organization. The US equal employment opportunity commission (EEOC) ensures that it provides the resources that are required by the ADA so that it can operate as required in dealing with the employers who are ready to interfere with the working conditions of the disabled people through any of the means that will make the working of that person be in danger that is like providing hostile environments and therefore this will be very hard for such a person to do what is expected. The terms that are used by that employer in employing the employees should not lead to discrimination and the notion of the employer refusing to employ a person due to the disability that is in that person. Therefore it means that the employer is liable by the law to make sure that the employment criteria are not discriminatory. Such a person should not be discriminated in terms of been given promotions, the transfer training been that they do not give them that is expected for their assistance in ensuring they work well. It is also unlawful for the employer to harass a disabled person who has been employed meaning that an employer should be willing and ready to offer the services that are required so that they can work without been in stress this is because harassing a person will have the impact of stress. The harassment can be through violating the person’s dignity in that the person is not given his or her self respect and also the employer can create an hostile environment for that person which will mean that it will not be possible for that particular person to work as the condition is not favorable for him or her. (Kathy, 2000)
Solutions for age discrimination
If not feels that he or she is discriminated then there is need to ask the employer to resolve the matter and if they are not possible then the individual has got the right to sue the employer. The charge must be filled within the given time and this is the only time when the EEOC can help the people to go about the problems that affects him or her. This EEOC ensure that the charge of discrimination against that company has been filed; it ensures that it gets the solutions immediately and this is done through ensuring that it tries to resolve the problem between the employees and the employer. The employee can also decide to take the problem to the court this is because it is the right of that person to ensure that his or her rights have been followed. (Arthur, 1991)
Solutions for disability discrimination
For the employers to ensure that they offer the required services to the disabled then they are supposed to ensure that they make the adaptations to the tests that are required for interview, the employer should also allow the job applications to be seen by all in the nation, the should be equipments given to those people for example the impaired so that they can be able to work effectively and also for the case of the blind they should be provided with Braille display meaning that with this instrument then the blind person will work effectively without problems and therefore what us required will be produced. The employer should also provide vacations for the employees in that they should not be over worked because they need to have care that is required. They should have relocation of some duties for the normal people so that the disabled do not have the notion of been discriminated. The employer should know how to treat the adjustment that will prevent the problems that may affect these disabled people; they should also offer financial support to them so that they are not disrupted in their working places. There resources should be readily available so that the disabled does not have to move from, one place to another. The nature of the activities that are given to that person should be taken with a lot of care so that it does not harm him or her. The person has got the right to report the discrimination to the court so that the right steps are taken against this employer who is discriminating the person. (Arthur, 1990)
Conclusion
The discrimination should be considered so that they ensure that people need to have respect that will lead to the proper working rate. Without discrimination then the working will not be interrupted and therefore it will become possible for all the people to fit in any of the fields that are offered by the company. Discrimination affects the performance of the organizations which will further lead to more effects on the nation as a whole this is because most of the people will be jobless with experiences and qualifications but due to there state of either been disabled or been past the required age then such a person finds no opportunity and therefore the dependency rate becomes great that will lead to more strain in the nation in dealing with the provision of basic needs of the population. A nation should ensure that the people get their rights the same as the normal ones and therefore the laws should be very stiff for those who go against the laws that are set to cover the people with abnormalities of other types of discriminations.
Summary
Age discrimination has got a high impact to the discriminated person this is because it leads to a hard life that the person has got to go through. The problems that lead to age discriminations includes things like the person may be forced to get things from others illegally either through bullying or theft this is because they are not given there opportunities to wok just like the young and therefore it the life of that person is in danger all the time. In the case of disability discrimination the person becomes a burden to the people who take care of him or her been that he or she has got experiences and can be able to work but the thing is that he or she is not given the required opportunity and therefore has to depend on others for survival. Discrimination leads to the slow growth of the economy of that particular nation due to the fact that dependency ratio will be great and will affect t the things that are to be done by that nation for its survival.
Reference:
Arthur, B. (1990): the employees’ rights and responsibilities. The right communication of the employees’ rights and responsibilities. A book review. Industrial relations review, pp, 90-100, American society of newspaper editors.
Arthur, D. (1991): safeguarding the employees rights .the right measures to undertake so that these workers can do the best. Spring field. Journal of planning and employment, pp, 36
Barbara, G. (1997): rights in work place. The guides for employees’ legal protection. Book review. Journal of disability studies, pp 67-70
Barns, E. (1998): the rights for people to work in any organization. The business law and the regulatory environment. Ryburn publishing, Halifax.
Clayton, M. (1994): differences between the rights given to employees in public and private sectors. American business laws journal, pp 67.
Dobrich, D. (2000): protection of workers in basis of age, disability and race discrimination. The managers’ guide to preventing hostile work environment. The news media and disability, pp 89-100
Jeff, N. (1997): the people’s rights and personality tests. The employees’ selection, HR Focus, PP, 45.
Jerry, H. (2001): the work of ADEA. The functions of the ADEA law act in age discrimination. Paper presented at the annual meeting for the education in journalism and mass communication
Jose, M. (1997): the social security and pensions. The cultural representation of the people with disabilities. Chronicle of higher education.
Kathy, M. (2000): disability discrimination rights. The rights that enable the disabled people do their work normally. Disability discrimination act disability standards.
Mike, D. (1997): the employees’ rights. Need for all the workers to have freedom. Report of the inquiry into equal opportunity.
William, K. (1998): employees’ rights .the act that ensures no discrimination is done. Disabilities studies quarterly. Report for Dispute resolutions
About the Author
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