From Jeffrey Bernbach's book, Job Discrimination
2, (page 10): When a person loses a job, is denied a promotion, is sexually harassed, or is relegated to a lesser
post because of age, sex, race, religion, ethnicity, or a physical handicap or illness, the emotional consequences often far
exceed any financial losses--emotional distress must never be taken lightly.
Fear of employer invincibility is cited most frequently as the reason for not pursuing an employment discrimination
claim. Incredibly, it is probably
the greatest of all misconceptions. (Page 123)
From the book, Age Discrimination
in the American Workplace, by Raymond Gregory.
P. 22
Since the enactment of the ADEA, the Supreme Court in its decisions relating to age discrimination has repeatedly affirmed
that it is the very essence of age discrimination for an older employee to be fired because the employer
believes that productivity and competence decline with age.
Federal Court of Appeals Judge Richard
Posner has written: To some, age stereotyping is every bit
as vicious as racial stereotyping.
P. 24
Little evidence exists to support age stereotypes. The Commonwealth Fund
report (1990) revealed no correlation between age and ability to perform, except in those jobs
demanding strenuous physical labor.
P.
25 The Wirtz (former Labor Secretary) report found that 70 percent of those employers who set age limits for hiring did so without having any data to support a need for age limits.
Given the disinclination of employers to investigate the facts or to reexamine
the accuracy of their assumptions about older workers, it is not surprising that workplace decisions continue
to be based on false data.
From a 1987 ruling from the US Court of Appeals Chicago: The justices wrote: Congress enacted the ADEA precisely because many
employers and younger business executives act as if they believe that there are good business reasons for discriminating against
older employees. Retention of senior employees who can be replaced by
younger, lower paid persons frequently competes with other values, such as profits or concepts of economic efficiency. The ADEA represents a choice among these values.
It [ADEA] stands for the proposition that this is a better country for its willingness
to pay the costs for treating older persons fairly.
Of course, ASIJ is located in Japan but
we are the American School in Japan. The US Age Discrimination in Employment
Act states: SEC. 623. [Section 4](a)
It shall be unlawful for an employer- (1) to fail or refuse to hire or to discharge any individual or otherwise discriminate
against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's
age;
ASIJ does have an incorporated part in the US (Friends of the American School), they receive
Federal money to attend TIES, ("For the past ten years we have received a small grant from the US State Department to support
attendance by ASIJ teachers and administrators at the annual conference sponsored by Technology and Information Educational
Service of Minnesota." P. Cooper memo October, 2001), and possibly other grants. The
US law states: Section 6102.
Prohibition of discrimination: Pursuant to regulations prescribed under
section 6103 of this title, and except as provided by section 6103(b) of this title and section 6103(c) of this title, no
person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under, any program or activity receiving Federal financial assistance.
|
"Top management should publish
a resolution that no one will lose his job for contribution to quality and productivity." --W. Edwards Deming
(In 1960, awarded the Secord Order Medal of the Sacred Treasure by the Emperor of Japan and, in 1987,
the National Medal of Technology by President Reagan.)
| | |
