Organizational and Societal Functions of Pr

The United States is a country were many people from across the world come to pursue liberty and happiness, but most common, to have the mutual opportunity as to those who are born here the equal advantage to work in Corporate America with hopes in becoming successful. Often times many employers indulge and become bias as to who they give preference too and the opportunity when hiring employees that are younger versus those that are older. Fortunately, we live in a country that is comprised of State and Federal Laws that are designed to protect workers from discrimination based on their age. This paper will explain the statute and case law that pertains to age discrimination that support both the employee and the employer.

The civil Right Act of 1964 was first championed by late President John Kennedy. In 1963, Kennedy was unable to finish his Presidency before he was assassinated. By November 27, 1963 Lyndon Johnson took over the Presidency from diseased President John Kennedy and addressed congress and the nation for the first time as being the President and calling on congress for the passing of the civil Right Act Bill in honor of late President John Kennedy. On February 10, 1964 the house passed the bill with a majority vote of 290 against 130. It then left for the Senate to pass the bill. President Lyndon Johnson did all he could to make sure that the bill would go through the Senate. He used religious leaders and lobbyist to fight for the passing of the bill in the senate. The senate voted for the bill to be closed as they then passed the bill. By July 2, 1964 President Johnson signed the bill into law. It is this law that protects Age discrimination in Employment.

Age Discrimination Act

In today's day in age many Corporations are rapidly evolving and becoming technologically advanced in order to keep afloat of the completion. Job opportunities are becoming more complex as employers look to hire employees that are well developed and have the background and knowledge to perform such skill set jobs. Often times many employers seek young talent to duplicate what someone twice his/her age is performing as it becomes advantageous to the employer to stay competitive. Nonetheless, the federal Age Discrimination Employment Act of 1967 is a law that prohibits discrimination on the basis of age. The ADEA applies to both the public and private sectors, and applies only to those who are 40 years of age and older. The Discrimination Act encompasses a broader scope by also protecting individuals that are interviewing, promoted/demoted and even those who are disregarded from certain job assignments to name a few (EEOC).

The Age Discrimination Act is enforced by the EEOC. It allows the protection of only employees who are the age of 40 or older. People who are under the age of 40 are not rightfully protected by this law and are therefore not an illegal practice for employers to dismiss or hire people under such age. The law is set to protect against older people because as it is statistically stated people that are older find it more difficult to find and cultivate a new job simply for the basis of their age. Age Discrimination can mutually have the same impact as other discriminatory cases such as race, gender, disability and even sexual harassment.

Pension Bias

The Age Discrimination in Employment Act of 1967 states that it is unlawful to discriminate employees of age 40 or older of employment. The ADEA also includes things like training, terms and conditions, benefits, compensations. These regulations are found in the Code of Federal Regulations 29 C.F.R. parts 1625 to 1627. Here is an Age Discrimination case in California. Patrol officer in the state of California injured his back. He files for retirement due to his injury. He finds out that he is only eligible for 32 percent of his salary because he was 43 years old when he was employed. When in a different situation employees who were 29 at the time of employment were receiving 50 percent of their salaries in their retirement pension (Harris, 2003). This patrol officer filed an age discrimination complaint with the Equal Employment Opportunity Commission.

The EEOC used this case "to file class action suit for 1,700 other employees who had suffered similar pension discrimination based on their age" (Palmore, 2005). In January 2003 the

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