The Age Discrimination Act of 1967 (ADEA) typically applies to employers who have 20 or more employees and protects work

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The Age Discrimination Act of 1967 (ADEA) typically applies to
employers who have 20 or more employees and protects workers who
are 40 years of age and older. Note that in the United States,
people under the age of 40 are not in a protected class due to age.
With the advancement toward retirement of the baby-boom
generation (those people born in 1941 through 1962), the incidences
of age discrimination are increasing. Age discrimination can occur
when someone is not hired due to being perceived as “too old” to
offer long-term benefits to an organization (disparate treatment),
or by posting a recruitment notice that “recent high school
graduates needed for entry-level positions” stops an entire group
of older individuals from having access to a job (disparate
impact). Despite the law, however, courts often support the case
made by employers against age discrimination, which has created the
perception by many business leaders that they do not really need to
worry about age discrimination. Loopholes, defenses, and the
clause, “reasonable factors other than age” (RFOA), have
heightened that perception. Note that RFOA only applies to
disparate impact, not disparate treatment.
Consider the following scenario:
Rachella Ramirez is
the Marketing VP for Sunbright T-Shirt LLC
(STS). The company makes trendy t-shirts and sells them in mall
kiosks, on Amazon, and on Woot.com, throughout the
U.S. STS has 250 employees and is rapidly growing. However,
the “new product line” division is struggling,
and Rachella feels it is due to too many older employees
who are not up on the new trends of their customers. She decides to
do a few things to fix the problem. Here are her actions:
By Day 3
Post a thoughtful and scholarly
response based on and supported by your required readings, media,
and research this week that addresses the following: