Age Discrimination 7-4
Age Discrimination Employment Act was formed to care for individuals below sixty-five years from forced retirement (Sargeant, 2008). The main reason for its formation was to change the center of attention on retirement from the age of an individual to his or her ability. Retirement was left to be on a voluntary basis, and not compulsory if the employee proved competent. However, voluntary retirement was supposed to meet some conditions. The employee must read and understand the document and accept the request to relinquish their rights under ADEA. The employee must then sign the written document if they agree with the terms and conditions thereof.
The Age Discrimination Employment Act takes up cases of employees who are over forty years. These employees must have been terminated or refused work because of age limitations (Sergeant, 2008). Considering the case for Richard, the employee was still relevant for the job. Additionally, Richard was noting the class ADEA considered as exception like the executives of companies, acting, and modelling jobs.
According to ADEA, the obligatory retirement age for pilots and engineers of flights is sixty-five years (Sergeant, 2008). This implies that Richard could continue working as a flight engineer until he is sixty-five years. He is competent and the company agrees that he is invaluable to them. Fast Airlines cannot either force him to retire because this would violate the ADEA act that only allows forceful retirement of flight engineers at sixty-five. Richard’s termination could amount to age discrimination (Moran, 2014).
The fast airlines should adjust its policy to match the ADEA requirements. If not, it would be unacceptable to terminate Richard based on their policy. This employee is among those the age discrimination employment act protects (Sargeant, 2008). The company can only convince him to retire and not forcefully retire him at the age of sixty years.
Moran, J. J. (2014). Employment law: New challenges in the business environment (6th ed.). Upper Saddle River, NJ: Prentice Hall.
Sargeant, M. (2008). Age Discrimination in the workplace. NY: Gower Publishing.