Older Workers Benefit Protection Act Essay

Laws related to employment have been developed to help regulate and protect employees from their employers, and to ascertain that they have their rights at their workplace. These laws ensure that workers get to work for specified hours after which they should get overtime payments, and also ensure that salaries are fair, and paid on time. Also, employment laws protect employees from discrimination and harassment by either their employers or even their fellow employees. This law also ensures that they get their benefits, time off pay, privacy and related workplace and employee rights issues. This way, employees can work in a conducive environment and thus provide their full potential in their field of expertise. Employers are also given the freedom to regulate their employment terms and ensure that the employees offer quality services as expected. An increasing number of older grownups are finding retirement is not affordable anymore, and they must, therefore, work well in their later years. Regrettably, the Age Discrimination in Employment Act (ADEA) of 1967 did not solve the problem of the old population. Therefore, age discrimination in the workplace continued to present severe barriers to employment in their later lives. One of the employment-related Laws protecting the elder group is the Older Workers Benefit Protection Act (OWBPA) of 1990.

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In 1990, the US adopted a law which was an amendment of the Age Discrimination in Employment Act (ADEA) of 1967 to forbid discrimination against older workers in all employee benefits unless a significant cost consideration justifies a reduction in benefits. Adjustments to the ADEA include permitting employers to observe the terms of a good superiority structure which does not seek to evade the OWBPA. TThis necessitates employers to pay as many benefits for the older employee as they pay for younger workers, barring the failure of employers to hire individuals or the petitioning of involuntary retirement for the reason of age, and permitting employers to reduce long-term infirmity welfares received by individuals by any income benefits.

Different scholars have worked on research relating to old workers, where workers are discriminated against due to their old age. In reference to Bellenger & Yusko (2018), ADEA gave managers a reason to critically examine their attitude and practices towards mature workers, After which OWBPA was passed for further protection, which prohibited employers from denying old workers benefits. Initially, the Wage and Hour Division of the Department of Labor handled EDEA after which Equal Employment Opportunity Commission took over. With discrimination charges on rising, antidiscrimination by OWBPA which tresses on the continued employment of qualified employees who are over 40 years becomes relevant to managers. Research by Bellemger & Yusko (2018) conducts research where 50 states are compared and differentiates those with stronger and weaker remedies and those with no legislation. The results show 29 states with stronger solutions meaning they allow compensatory damages. Eighteen states have weaker remedies. Three states with no laws only apply the ADEA law showing how much of importance this law is. In a book by Bellemger and Yukso (2018) indicates that the National Bureau of Economic Research finds out that strong state age protections are related to more contrary effects of the massive downturn on older workers. This means that jobless older workers are more in states with strict discrimination protection. Managers need to be cautious to avoid liability under OWBPA due to age-related discrimination which has been detected in areas of hiring, promotion, training, termination and other personnel management aspects.

Another research was conducted by Nikolaev & Pavlova (2016) on Age Discrimination in the US Higher Education and Employment. Its objective was to analyze the jurisdictive basis and practices of law enforcement of the US Supreme and federal courts in ensuring the rights of the elderly in employment and higher education. According to Nikolaev and Pavlova (2016), ADEA is the most critical law in age discrimination and is often used for protection against university facility. The Older Workers benefit protection Act of 1990 forbids employers to refuse older employees benefits of social security. The two researchers found out that the equal protection claim is not likely to succeed since the Equal Protection Division applies to government entities only, and a plaintiff has to show state action to establish the claim. Furthermore, courts classify age legislation under disparity standard of review, meaning that there is a high chance of the bill to survive judicial inquiry. Also, the deputies who developed the Civil Rights Act did not include age as a discriminatory basis.

A study by Carden and Boyd (2014) focuses on providing information related to discussion and identification of age discrimination and strategies to hinder age discrimination from progressing. Moreover, the study presents a model to support an all-inclusive approach to help address age discrimination to create a culture that focuses on promoting a productive work environment. In reference to Carden and Boyd (2014), the Bureau of Labor Statistics argued that half the working population in America is 40 years and older. Approximately half of these workers are protected by the age discrimination Act, (OWBPA). This statistics will continue increasing since the employers feel they will be losing experienced workers to inexperienced and unskilled younger generation due to unfair actions relating to various employee age groups. Economic fiber downturn of numerous organizations has resulted to more prevalence in age discrimination. An individual who is 40 years of age and above cannot prove age discrimination when they have been laid off. Employers claim that the employer was working below average and that the individual received a negative performance review.

These three studies show how employers and the courts embrace age discrimination. The results showed that some employers feel that the older workers are not working to their expectations, and thus laying them off to bring energetic younger employees. However, there have been cases where employers want to keep their old employees since they feel employing young workers who are inexperienced is far much worse as compared to keeping the old experienced employees. The OWBPA of 1990 protects the older population from age discrimination, which has resulted in half of the working people to be 40 years and above, leaving most young people unemployment.

The OWBPA has impacted the workplace, thus affecting both the employees, employers and the workplace environment. The introduction of the law increased the population of the older community in the workplace as compared to the younger people. The protection of the older population by the Age discrimination act rendered more old people in the workplace because employers fee they don't want to lose their experienced employees. This way, less young employees are working in such organizations. Some organizations maintain their old cultural practices due to the large population of mature workers, most of whom do not embrace change(West, 2018), no new vibrant ideas are implemented into the business which might lead to lower sales due to increased competition from other organizations embracing change. This way, young creative individuals are not able to bring their ideas into the business for business development. The Age Discrimination law has also led to maintained business activities and growth in some organizations where there are competitive old workers. In this case, the older employees who are willing and able to offer quality services gained from their experiences helps an organization maintain sales. In some organizations working under the age discrimination law, the relationship between co-workers and the higher management is poor thus low production as a result of disagreements caused by conflicting ideas since the old population fee they are experienced, and thus their opinions should be implemented. On the other hand, the management fee they have the mandate to make decisions.

Conclusion

The OWBPA has been in existence since 1990, and most US employment laws have this act in operation. Some employers find this law fair since they need these elderly experienced employees to work in their organizations. On the contrary, some employers prefer young, vibrant employees to embrace new ideas, creativity, and innovation. Some Organizations find old workers slow, thus feeling they are not utilizing their skis fully. They, therefore, need to employ young, energetic workers who can work more within the given period. Organizations should comply with the law of age discrimination to help improve the economy and avoid liabilities related to age discrimination.

References

Carden, L. L., & Boyd, R. O. (2014). AGE DISCRIMINATION AND THE WORKPLACE: EXAMINING A MODEL FOR PREVENTION. Southern Journal of Business and Ethics, 6, 58.

Nikolaev, B., & Pavlova, N. (2016). Age Discrimination in the US Higher Education and Employment. International Journal of Environmental & Science Education, 11(18).

West, J. (2018). Legal and Regulatory Issues in Human Resources Management. Bellenger & Yusko. Retrieved from https://books.google.co.ke/books?hl=en&lr=&id=wgUoDwAAQBAJ&oi=fnd&pg=PA169&dq=owbpa+researches&ots=DDThgGwhvw&sig=yj_77p0oqs9tem8wxY1-XiNKV80&redir_esc=y#v=onepage&q=owbpa%20researches&f=true