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"Age discrimination in employment Law and legislation."
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Extending Working Life for Older Workers
The UK population is ageing rapidly. While age discrimination laws are seen as having broad potential to address the ‘ageing challenge’ and achieve instrumental and intrinsic objectives in the context of employment, it is unclear what impact they are having in practice. This monograph therefore addresses two overarching questions in the employment field: How are UK age discrimination laws operating in practice? How (if at all) could UK age discrimination laws be improved? A reflexive law theoretical standpoint is employed to investigate these issues, applying a mixed methods research design that engages qualitative, quantitative, doctrinal and comparative elements. This book demonstrates the substantial limitations of the Equality Act 2010 (UK) for achieving instrumental and intrinsic objectives. Drawing on qualitative expert interviews, statistical analysis and organisational case studies, it illustrates the failure of age discrimination laws to achieve attitudinal change in the UK, and reveals the limited prevalence of proactive measures to support older workers. Integrating doctrinal analysis, comparative analysis of Finnish law, and the Delphi method, it proposes targeted legal and policy changes to address demographic change, and offers an agenda for reform that may increase the impact of age discrimination laws, and enable them to respond effectively to demographic ageing.
eBook
Age-Based Wages Short Teen Workers
\"A minimum wage bill is making its way through Beacon Hill, and there seems to be a growing consensus on raising Massachusetts' minimum wage from $8 to $10.50 over three years [2014]. (There's also a separate ballot question afoot, supported by local unions, which would raise the minimum wage to $10.50 over two years.) But there is less consensus, here and nationwide, over what to do about teens.\" (Boston Globe) Read how the minimum wage affects teens differently than adults.
Newspaper Article
State Workers Can't Sue in U.S. Court for Age Bias, Justices Say
The recent Supreme Court ruling \"that state employees cannot go into federal court to sue over age bias\" (DALLAS MORNING NEWS) has left many people seeking redress for age discrimination in the work place without protection. Learn why the court decided the 14th Amendment's equal protection guarantee does not protect workers against age discrimination.
Newspaper Article
U.S. SUPREME COURT DECISIONS FAVORABLE TO OLDER WORKERS
RAPID GROWTH OF WORKERS SS-PLUS These and other Supreme Court decisions this year \"covered a very important class of cases,\" said Harper Jean Tobin, staff attorney at the National Senior Citizens Law Center. There were 25.5 million workers ages 55-plus in 2006, according to the federal Bureau of Labor Statistics, a number that will jump to 37.4 million, or 47%, by 2016, accounting for virtually all the growth in the U.S. labor market.
Trade Publication Article
The Economic Consequences of Family Policies: Lessons from a Century of Legislation in High-Income Countries
By the early 21st century, most high-income countries have put into effect a host of generous and virtually gender-neutral parental leave policies and family benefits, with the multiple goals of gender equity, higher fertility, and child development. What have been the effects? Proponents typically emphasize the contribution of family policies to the goals of gender equity and child development, enabling women to combine careers and motherhood, and altering social norms regarding gender roles. Opponents often warn that family policies may become a long-term hindrance to women's careers because of the loss of work experience and the higher costs to employers that hire women of childbearing age. We draw lessons from existing work and our own analysis on the effects of parental leave and other interventions aimed at aiding families. We present country- and micro-level evidence on the effects of family policy on gender outcomes, focusing on female employment, gender gaps in earnings, and fertility. Most estimates range from negligible to a small positive impact. But the verdict is far more positive for the beneficial impact of spending on early education and child care.
Journal Article
Gifts of the Immigrants, Woes of the Natives
In this article, I jointly investigate the political and the economic effects of immigration, and study the causes of anti-immigrant sentiments. I exploit exogenous variation in European immigration to U.S. cities between 1910 and 1930 induced by World War I and the Immigration Acts of the 1920s, and instrument immigrants’ location decision relying on pre-existing settlement patterns. I find that immigration triggered hostile political reactions, such as the election of more conservative legislators, higher support for anti-immigration legislation, and lower redistribution. Exploring the causes of natives’ backlash, I document that immigration increased natives’ employment, spurred industrial production, and did not generate losses even among natives working in highly exposed sectors. These findings suggest that opposition to immigration was unlikely to have economic roots. Instead, I provide evidence that natives’ political discontent was increasing in the cultural differences between immigrants and natives. Results in this article indicate that, even when diversity is economically beneficial, it may nonetheless be socially hard to manage.
Journal Article
Age and Disability Employment Discrimination: Occupational Rehabilitation Implications
Introduction
As concerns grow that a thinning labor force due to retirement will lead to worker shortages, it becomes critical to support positive employment outcomes of groups who have been underutilized, specifically older workers and workers with disabilities. Better understanding perceived age and disability discrimination and their intersection can help rehabilitation specialists and employers address challenges expected as a result of the evolving workforce.
Methods
Using U.S. Equal Employment Opportunity Commission Integrated Mission System data, we investigate the nature of employment discrimination charges that cite the Americans with Disabilities Act or Age Discrimination in Employment Act individually or jointly. We focus on trends in joint filings over time and across categories of age, types of disabilities, and alleged discriminatory behavior.
Results
We find that employment discrimination claims that originate from older or disabled workers are concentrated within a subset of issues that include reasonable accommodation, retaliation, and termination. Age-related disabilities are more frequently referenced in joint cases than in the overall pool of ADA filings, while the psychiatric disorders are less often referenced in joint cases. When examining charges made by those protected under both the ADA and ADEA, results from a logit model indicate that in comparison to charges filed under the ADA alone, jointly-filed ADA/ADEA charges are more likely to be filed by older individuals, by those who perceive discrimination in hiring and termination, and to originate from within the smallest firms.
Conclusion
In light of these findings, rehabilitation and workplace practices to maximize the hiring and retention of older workers and those with disabilities are discussed.
Journal Article
State Age Protection Laws and the Age Discrimination in Employment Act
This article exploits an unusual aspect of the policy for enforcement of the federal 1968 Age Discrimination in Employment Act (ADEA), which made filing an age discrimination claim less burdensome in some states. After the enforcement of the federal law, white male workers over age 50 in states where the federal government allows an easier filing procedure were .2 percentage points less likely to be hired than were workers in states without such laws. They also worked .8–1.3 fewer weeks per year and were .5–.7 percentage points more likely to report being retired, 1.6–1.8 percentage points more likely to report that they are not in the labor force, and 1.6– 3 percentage points more likely to report that they are not employed. These findings suggest that in an anti‐age‐discrimination environment, firms seek to avoid litigation through means not intended by the legislation—by not employing older workers in the first place.
Journal Article