ADA & ADEA: Workplace Law

ADA & ADEA: Workplace Law

Workplace discrimination is against the laws and managers should strive to ensure equal opportunities for the employees. They should note that discrimination on individuals regarding age, sex, color and religion is unlawful. On this note, there are federal laws enacted to ensure that all this rights are guaranteed. For instance, ADA & ADEA Acts have been legislated to ensure that individuals with disabilities and the elderly are guaranteed equal opportunities in terms of hiring, recruitment and the overall employment process (Wang, 2013).

To sustain the provisions of these Acts, it is prudent that we understand the definition of disability. Social security and ADA has a different definition of disability, and it would be critical to note the difference. Social Security definition of disability is quite different from the definition of disability from other disability laws and programs (England, 2012). Social Security defines disability as the inability of an adult to engage in any substantial gainful activity as a result of determinable physical or mental impairment. Social Security expects this inability to be long-term and in extreme cases be fatal.  ADA recognizes even short term disability in contrast to social security where it only accepts total and permanent disability.

It is important for managers and other executives to note that they can be sued in a court of law for discriminating individuals in regard to disability, age, sex, origin, gender, and color just to mention a few. For instance, Nucletron Corp. was sued by an employee who was laid off for being old at 61 years. The plaintiff refuse to take any other position since he also cited other employment discrimination actions from the employer (Wang, 2013). Although employment law guarantees equal employment opportunities for all, it is the obligation of the employer to ensure that the security of the disabled people is ensured.

References

England, D. (2012). The essential guide to handling workplace harassment & discrimination. Berkeley, Calif: Nolo.

Wang, M. (2013). The Oxford handbook of retirement. Oxford: Oxford University Press.

 
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