Essay: Business Law

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[. . .] Novel Legal Issues have been materializing

The environment of a working place is changing due to the advances in technology and adaptation of different economic and social ways. All of these have an effect on the law that foresees no one is treated unfairly due to age. The cost of health insurance is ever rising and this has led the employers to hold back on covering the health cost of their workers. This is raising questions on the link of ADEA and the policies regarding health care (Sargeant, 2006).

Today, employers that are experiencing diversified workplace along with the legal trends are trying to move towards the future with the help of certain policies, procedures and laws. All these measures are planned keeping in view new employees as they will be involved in providing quality work with their skills and experiences (Sargeant, 2006).

Businesses, in order to compete and adapt new technology, processes and skills need to alter its workforce as well as implementing new policies. Reinforcing new policies is not the only job of the management; but appraisal of the worker's performance is also necessary. However, if new policies exploit the older workers in any way, this would go against the federal law. It is therefore required that employers must keep a proper record of the performances and assess it regularly (Sargeant, 2006).

What results in employees getting charged by the employer? The employer is immediately notified by EEOC if he is charged by his employee. The EECO carries various options for continuing the employees' process. Charge may lead to dismissal if case seems weak and without strong evidences. Moreover, if the investigations do not have any value for the case; the employee is straight away dismissed. On the contrary, strong evidences may give rise to further investigation which may include interviews, documentations etc. (Sargeant, 2006).

In some cases, the team may wishes to resolve the case through settlements and negotiations. Mediator would be welcomed by the EECO, who would be an informal member, assisting in negotiation. However, in this case the mediator is not in a position to implement any decision or handle the charge (Pierson, 2004).

Litigation is the method of conflict resolution though it is quite expensive and time consuming activity. The conflict can be resolved through alternate disputes resolution methods commonly referred to conciliation and mediation. They call for volunteer discussion and interference in the conflict to resolve it. They do not incur much cost and are time-saving approaches. If they both fail in solving the issue, the lawsuit is the last option. EEOC precedes with filings a case confronting the employer. The termination of investigation is also at discretion of EEOC, if it feels that the investigation will not produce any desired result of law violation (Pierson, 2004).

As mentioned earlier, litigation is a lengthy and expensive form of conflict resolution; these hassles are destined for all the disputants. An employee is entitled to jury access at least after 60 days of filing the charge. It is quite possible that the employer, who has been accused of discrimination against the disputant employee, loses the cases and has to pay heavy damages to the winning party. The damages can take any form, back pay, front pay and the attorney's fee paid incurred by the employee. It is quite likely that the court verdict states reinstatement of the employee in the organization. The court may also ask the defeating employer to pay all the benefits, the winner employee could have enjoyed if there was no discrimination against him (Pierson, 2004).

Section 3: Recommendation to plan corrective action while facing issue.

The employers can keep them at safer side if all their human resource related decisions are based on age-neutral criteria. The hiring, task allocation, firing, compensations and benefits should not take into consideration the respective age bracket of the employee. The decision should base on the standard set of requirements posted against any job role (Encel and Studencki, 2004).

It leads to abolishing the fake assumption that employees approaching retirements shirk work and do not pay heed to training programs (Encel and Studencki, 2004).

In order to stay away from age discrimination at work place, the originations should take serious initiatives at policy level. There should be clear cut, well defined statement that discrimination is intolerable. All the sections in an organization which are involved in human resource activities should be abreast of this anti-discrimination policy. They may be supervisors, managers, support staff or other members of human resource department. The organization should ensure the information flow down the line to all of them (Encel and Studencki, 2004).

Policies, when put in black and while are more approachable in practical terms. In a survey, mature workers expressed their expectations at work place in terms of (Dobrich et al., 2002):

being provided with the opportunity to exploit their talent being given the chance to prove their potential skills in an important task being regarded by the peers learning new skills be in the favorable working environment lending helping hands to others satisfying the insatiable desires in their profession (Dobrich et al., 2002).

Employers need to review their policies on continuous basis to ensure age-discrimination free statements. In addition to policies, review of procedures and practices is also mandatory. It can result in discouraging stereotyping against the old folk and mitigating the unlikely impact over older employees. Employers should also address the concerns of aged workers and try to meet their expectations through forming focus groups in all age brackets after 40 years. It can help organization to market the jobs in a better way based on the feedback gathered from elderly group about their perception and expectation about the organization (Dobrich et al., 2002).

Addressing Expectations at the time of hiring

The organization should offer health related facilities, retirement benefits and competitive salary.

The organization should get the elderly recruitment process assessed by experienced advisory committee.

The selection process should be based on age only if it is genuinely needed, otherwise the applicant should be tested on the basis of job role and required qualification and experience. The interview should be trained enough to gather age info without any bias and seek it in legal purview to collect background information of the applicant (Dobrich et al., 2002).

Meeting employees expectation while serving the organization

Training opportunities should be offered unbiased of age. All volunteers should be included in the training program. It is not always the case that elderly lack learning skills or interest in acquiring further knowledge.

Working schedules and conditions should be planned according to the will of applicants and employees. Part time jobs are quite lucrative to the elderly group. Furthermore, flexible hours are also an attraction for them. There should be certain positions based on flexible hours and part time.

It goes without saying that increasing age leads to multiple issues that cause their jobs to be redesigned or regard them as disabled. The issues can be raised out of perception; they can be actual or assumed on the basis of previous records.

Organizations can win loyalty of their employees by motivating them through promotions, rewards and attributing value to their contribution in the organization. Irrespective of age group, employees tend to get motivated by these factors. Organizations should not assume the elder group to pursue early retirements. There is no definite relationship between the two. It is an illegal practice that an elderly employee is deprived of promotion just because of his age (Dobrich et al., 2002).


Organizations should not inculcate the stereotypes based on the age of employees and should not undermine their capabilities. Age is not the determinant of capability of a person at workplace. Age discrimination is illegal, one can find a thin line of permissible discrimination but the supporting argument is not strong. Even is the discrimination is lawful, it harms the interest of elderly group. Intentional and obvious age discrimination should be prevented and bias about ranks should be abolished (Dobrich et al., 2002).


Dobrich, W, Dranoff, S. And Maatman, G, 2002, The Manager's Guide to Preventing Hostile Work Environment: How to Avoid Legal and Financial Risks by Protecting Your Workforce From Harassment on the Basis of Sex, Race, Disability, Religion, and Age, 1ST Edition,… [END OF PREVIEW]

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