AGEISM AT WORKPLACE
Author: Abhinav kumar, School of law, UPES
Co-Author: Ankit Rathore, School of law, UPES
The term ageism was defined in 1868 by Robert butler as systematic stereotyping and discrimination against older people because they are old in much the same way as racism and sexism are response to skin color and gender and Also, the way minorities are treated Based on their color, religion, sex, caste, Gender, etc. The Constitution of India provides every citizen with several human rights and fundamental rights there is harsh reality That the government is dim about ageism at workplace. While everyone in the society is busy commenting on Harassment, gender equality, nationality, racism ,somewhere older people are being victim of ageism at workplace.
The paper shall deal with the minorities facing ageism at workplace and their rights if we talk about India there is no statutory body which deals with the issue related to age discrimination as law against ageism at workplace is not codified. There are certain negative effects of ageism at workplace, As a consequences they may loose confidence or may feel insecure or they may become Victim of depression. Since there is no codified law on ageism, claims on age discrimination are rarely bought in Indian courts. In comparison to different countries like America have age discrimination in employment act 1967 which protects the older from workplace discrimination But India don’t have any specific law regarding ageism at workplace Which can protect older minorities from the discrimination. So the paper shall deal to remove the fear around aging is perceived by older persons and to remove the limitation and certain age brackets.
- GDP- Gross domestic product
- NSS- National sample survey
- AARP- American association of retired person
- Million- 10 lakhs
- I.e- In other words
- EEOC- Equal Employment opportunity commission
- ADEA- Age discrimination in employment act
- Trillion- one thousand billion
- UNECE- The united Nation Economic Commission for Europe
Minorities are those group who are not being represented in modality of the state. and those sections of society which are not having proper representation, As for example religion, caste, class. But there are also some minorities which are unseen In the society. Those people are older minorities who are being discriminated on the basis of their age and facing ageism at workplace. Ageism at workplace is not just about the Discrimination with older people at work place, Even the younger people with less practical knowledge become the victim of ageism at workplace. Old women’s also face a lot of challenges in their employment because of their age and sex. Ageism is a new phenomenon emerging world wide and showing several negative impact on the minorities who are suffering from ageism. It involves employees being discriminated , treated unfairly or disadvantaged on the basis of their age or membership in a certain age group. Ageism or discrimination at workplace with the minorities by not treating them fairly, forcing them to quit their job, harassing them in another way can lead to mental illness. That is, disorder that affect persons thinking and behavior. It is exactly same as women facing domestic violence. Cruelity and a man with no job. ageism can happen as one-sided dynamic, pessimistic assessments, and unreasonable practices in business related settings, for example, enrollment, staff determination, execution evaluation, advancement choices, and preparing. various research recommends that the cycles of enlistment and work force choice specifically result often in out of line results for more older contrasted with more youthful occupation candidates. Their may be situation where a young employer and older employer with the same level of qualification Will not get same level of opportunities just because of their age difference. ageism also includes undesirable or uncomfortable work and career outcomes such as reduced job performance, unfavorable job attitudes, turnover, and underemployment of highly knowledgeable and qualifies employees.
1.1 Defining ageism at workplace
Ageism at workplace or age discrimination means unfair, Unequal treatment or discrimination with the older people or employer at workplace, employers rude and negative attitude towards the older people. Generally it happens with the employee who are above 50 years of age. Ageism at workplace also shows a negative impact on the life of older people or who are victim of ageism at workplace. It may leads to lose of confidence , Humiliation, Mental stress and much more. Giving more preference to younger employees compared to older employers who are more skilled and experienced than the younger employee this can be one of the example of ageism at workplace. Instead of having more experience and skill, older people are Still discriminated just because of their age. Older people who are productive and capable of doing work more efficiently and effectively are being victim of ageism at workplace due to some stereotype personalities who are fixed with their believe towards older people. The consequences faced by the older people are getting worse day by day and still we haven’t stepped ahead to remove ageism at workplace.
Research Problem: From the ongoing researches and studies, it can be seen that most of the researchers have carried both the research so far primary as well as secondary research. Most of the primary research is based on issues that people who are above fifty years of age are facing ageism at workplace or age discrimination. They didn’t focus on the prevailing consequences of ageism as well as the specific details in relation with the graphical representation and the problems and challenges which older minority are facing. Some research paper focused on the overall discrimination happing around the world completely. They didn’t state about the problem faced by the older minorities and by the company as well as ways to prohibit ageism at workplace. Also, researchers focused particularly on the ageism at workplace or age discrimination with older people. The researcher have also done the comparative analysis with other countries and discussion on the main concern that What if India goes on same path as America, will India be able to remove ageism at workplace? What is India’s current perspective on ageism at workplace?
OBJECTIVES OF THE STUDY
The objectives of the study are:
- To study about the issue of ageism at workplace in india.
- To analyze the Graphical representation, data and facts regarding ageism at workplace in other countries as well.
- To study and discuss the hidden and underlying challenges faced by the older minorities in india.
- To study the Constitutional validity regarding age discrimination in india and comparative analysis with other countries.
- To study the necessity of awareness and law regarding the issue.
- To suggest some remedial measures to overcome the challenges faced by victims of ageism at workplace.
The research will in brief go through the number of people who are facing ageism at workplace and hurdles coming along the way to prohibit ageism at workplace and ways to tackle the issue.
Type of Research: Exploratory research design was used in the research to study the aspects in this research.
Type of Data: Primary and secondary data was collected from different survey, reports, web and magazines.
Analysis Technique: Textual graphical representation and statistical research analysis was followed to analyze the data collected.
Data collection: The current study is based on primary and mostly secondary data. Secondary data means the data which was collected by some other person for some other use by the primary sources and which is available on various other sources in form of survey or report or paper which can be used to write a paper. In this research the secondary data has been collected from the websites of different kind of report, surveys and article. from reputed journals and papers.
Data will mostly be collected through:
- Websites related to surveys on ageism at workplace
- Various dissertations related to same topics.
- Various other research papers.
- Secondary data (graphical representation from other sources.
Tools: Simple Statistical tools such as Percentage been used in this study. Data that will be collected will be presented through tables, info-graphics, and figures.
Also, the data presented will mainly comprise of facts and figures along with some explanatory notes.
Scope of the Study: This study will help to know the basic aspect of the ageism at workplace and how has been the people of india are facing the issue and what measures to be taken to prohibit ageism at workplace.
Limitations: This work would be subjected to some limitations such as:
- Lack of primary research: this research is mostly based on secondary data. Only a little primary research is done here due to the constraints on social activities going across the country.
- Accuracy of data: As this study is based mainly on secondary data . So, the accuracy of data will be based on the source from this data will be collected.
American law to prohibit ageism at workplace
The U.S. Equal Employment Opportunity Commission (EEOC) is liable for, “Enforcing government laws that make it unlawful to discriminate against an occupation candidate or an employee on account of various factors like a man’s sex, religion, identity or race, age (above 40 years of age), inability or genetic information” (US. Equal Employment Opportunity Commission, 2016). The EEOC is the governing body that investigates charges of discrimination against bosses who are covered by the law. This institution investigates claims and charges against the various social injustices (race, color, religion, sex, national origin, age, disability, or genetic information). In the year 2002, the Equal Employment Opportunity Commission (EEOC) “got higher than 20,000 age discrimination cases”. These are nothing but are just the “recorded” age discrimination claims. This doesn’t comprise the thousands of age discrimination cases that are not claimed . Age discrimination or ageism also includes treating someone (a candidate or employee) unreasonably or unfairly on the basis of their age. this selection from the EEOC is the establishment of Age Discrimination in Employment Act of 1967, which is the most unmistakable of the rules in our overall population securing more settled employee. The main idea behind the ADEA is “to advance the employment of more settled individuals reliant on the capacity of the person rather than their age. As people born after world war two in the workplace are on the ascent, information and instruction about age discrimination is essential so predisposition and generalizations towards more seasoned workers don’t continue in the organizational domain. explain the Age Discrimination in Employment Act (ADEA) of 1967 in detail and note that despite the fact that the act was actualized 46 years prior to ensure aging individuals, age discrimination continues to introduce hindrances for more seasoned employees. There are particulars on what an individual can “guarantee” is age discrimination. Different cases, therefore, are then considered as seen age discrimination, and are at last “tossed out” as age discrimination cases. Dennis and Thomas (2007) offer knowledge with respect to how to make an adversary old enough discrimination law all the more impressive and show the imperatives of the current demonstration set up. The act states that It is illegal for a company to discriminate any person while in hiring or in some other manner of individuals who are above 40 years of age and over. This extract from the EEOC gives a picture of what age outline is ensured by the ADEA act. There were several cases filed under age discrimination in Employment Act after passing off ADEA Act,1000-5000 complaint were filed. This whole data and different acts shows that how people are suffering from this ageism. The US government tried the level best to reduce the rate of victim who are facing ageism at workplace But The practical life is way far than the theoretical life just by passing of any act or implementation in any act does not let any crime or any issue come to an end. even existence of the laws and acts set up to forestall age discrimination, there are ways that institutions actively discriminate by positioning fault for their termination on the employee. More established managers are being eliminated from organizations not based off their work ethic or what they can accomplish for an organization. They are being eliminated based off the expense and the apparent negative impact of more established workers on the organizational primary concern.
Data and graphical representation
6.1 Age discrimination charges(ADEA Charges)
The level of charges asserting age discrimination in addition to race, sex or incapacity has likewise expanded drastically in the course of recent years as the more seasoned labor force has gotten more assorted.
6.2 Economical growth
There are total 117.4 million people who are more than 50 years and live longer and healthier in the U.S., many of whom now plan to work well past the age of 65. This developing pool of workers represents a significant asset for businesses and for the economy as they are highly skills and experienced. But ageism at workplace, manifest in workplace behaviors, negative attitudes towards older people , various other policies , and working environment is prevalent, limiting potential gains.
This AARP study have explored the forecast of economical growth that could be generated if employers address age discrimination through better recruiting practices and workplace retention initiatives.
The graphical representation shows that people who are more than age of 50 population’s overall contribution to GDP, employment, wages and taxes through 2050, and analyzes done its unique effect within different industries. The economic contribution of people who are above 50 was worth $8.3 trillion in the year 2018, and it is forecast in the study to more than triple which will be $28.2 trillion by 2050.(Graphical representation 2)
2018 2030 2040 2050
Sources: The Economist Intelligence Unit, Bureau of Economic Analysis, REMI. (Graphical representation 2)
6.3 After retirement analysis
This graphical representation shows that the number of workers who are above 50 years of age has increased by 80% over the past 20 years, which is more than four times faster than overall workforce growth which clearly shows that the older people are willing to work after the specified age of retirement The pattern is significantly more sensational for laborers age 65 or more, whose numbers have almost significantly increased over a similar period.(Graphical representation 3)
Sources: Bureau of Labor Statistics; The Economist Intelligence Unit. (Graphical representation 3)
6.4 Decline in GDP
The graphical representation shown below indicates that inability to address age discrimination with the time is a missed opportunity across all the industries. understanding the importance of old skilled and experienced people and taking things in a way which makes a positive impact over older people may give positive results in countries economy.
In 2018, all industries lose near about a boost of over 4% to the total GDP because of ageism. Moving forward with the technology and automotive manufacturing area have the most to lose increasing the labor force participation of those who are above 50 years of age would generate an impact of about 12% above their baseline GDPs in 2050. The huge development potential in these areas may originate from their effective utilization of extra work efficiency, yet it is imperative to remember that future improvements, for example, self-ruling vehicles, ridesharing, and computerization can make long haul expectations dubious. (Graphical representation 4)
Source- The Economist Intelligence Unit, REMI (Graphical representation 4)
6.5 Graphical report by The united Nations economic commission for Europe
People who all experienced discrimination on the basis of their age and gender- (graphical representation 5)
(Graphical representation 5)
Age discrimination experienced by the selected group of people –( graphical representation-6)
In the report presented by The united Nations economic commission for Europe shown above as (graphical representation 5 and 6) shows the percentage of people who were Victim of age discriminate in Europe and graphical representation 6 divided selected group of people as people who are below 30 and people who are above 55 years of age. In respect of age discrimination the graph is very high and the graph also shows that people who are above 55 years of age become the victim of ageism.
Indian perspective of ageism at workplace
Law and justice are two different things. Justice gets easier with the law. India is a country of precedents. There are several landmark judgements passed by the Supreme Court of India and numerous laws passed by the Indian Parliament on several serious and sensitive issues which worked as a support of many victims to get the justice. If we talk about India there is no legal body which deals with the issue of ageism at workplace as law against ageism at workplace is not codified. In this pretentious world of literate people, jurist, philosopher with several human rights and fundamental rights there is reality which tough to accept that is ageism at workplace. While society is busy on focusing on gender equality, Harassment, nationality, racism somewhere we are still not talking about ageism at workplace. The Constitution of India ensures certain fundamental rights to the residents of India, including protection to people from discrimination just on the grounds of religion, race, sex or place of birth but age is not included in the definition which is one of the aspect of discrimination These fundamental rights are accessible just against the State. Regardless, under customary law , an individual would be able to look for protection against age discrimination. We’re already Bifurcating the society in to three section that is male, female and transgender. In future this will be new evolution. We are going to find ageism as new section. I can vividly picturize our next generation struggling, fighting to stand in the society with this new ‘ageism’ The struggle is going to be real big where the youth will suffer from this new phobia, in next 2 decades. So we can’t let our future generations suffer. The sufferer can either be you or me, so ask yourself are you not frightened? We are yet not settled with transgender issue. That is, a society is still not accepting it. Then how are we going to deal with this ageism? A survey by job buzz Found that India is biased on age more than compared to gender, religion , Culture, physical appearance or personality And also presented data that 33% of Indian employer face ageism or were victim of ageism at workplace. In an employer rating and review platform, by times Job served. 1,940 workers to comprehend the subtleties of inclination and Diversity at the Indian working environment. Information technology sector was 23% with the most respondent followed by Manufacturing, which was 20% and healthcare which was 10% and Business process outsourcing (BPO) 8%. According to my POV, if India get a step ahead and make a law regarding ageism at workplace, It should be that strict that it does not violate the doctrine of colorable legislation which means things which can’t be done directly cannot be done indirectly. Like in case if the employer is forbidden by law of ageism That they cannot discriminate a person by their age , so it must be very clear that the person cannot be discriminated indirectly.
As indicated by a review made by TeamLease and found that ,48 % of Indians have confronted some or other sort of discrimination or the other at the working environment .The majority of the inclinations depend on sex (25%), age (22%) and standing/religion (18%). Among the urban areas, representatives in Delhi, Pune and Chennai confronted the most noteworthy pace of discrimination, while workers in Ahmedabad confronted the least measure of discrimination at workplace. Shockingly, just 30 % of the reviewed organizations expressed that they have a reasonable approach on discrimination. According to the survey made by team lease, age discrimination stood on second position by 22% Which is really a point to think upon.
Both the companies Tech Mahindra and private sector catholic Syrian bank made changes in their retirement policies where in tech Mahindra according to their policy new retirement age is 55 years and according to catholic Syrian’s bank policy they reduced the retirement age by two years i.e from 1st may 2019 people who are 58 years of age or above 58 years will be considered as retired.
various Indian companies like private sector or industries are offering early retirement or voluntary retirement to their employees are increasing day by day and we are not far from that day where retirement age will be 50 years of age. Excess coming about because of mechanical interruption is a significant contributory factor. The country is really fast with the technology and new innovation which makes every job easy and it gets easier for younger employee to get familiar with the new technologies but when the older people fails to adjust with the new technologies is where the ageism starts.
A assistant professor from IIM, Calcutta ,Chetan Joshi, referred a term ageism penalty which means the practice accepted by the companies of reducing retirement age of the employees. There are so many employee who want to continue with their job but can’t continue because they were asked to take voluntary retirement by the employer as stated by professor Chetan joshi, adding that with fresher advancements and technologies overriding existing ones at the movement of bundles, the need to reskill oneself is predictable Thus, the chance of workers losing their pertinence prior, is a lot higher than at any other time.
The research made by AARP found that ageism at workplace occurs in three basic areas
1) hiring, whereby employers target only on younger applicants for job as they assume that they are well updated with the new working environment and will be able to work more efficiently that people who are above 50 years of age and also younger employee will learn things easily.
2) on the job situations, in which employee who are above 50 years of age suffer harassment and prevented from advancing and learning new things due to misperceptions or false assumption about their experience and skills
3) termination of employees- whereby older workers are being targeted for termination because of false perceptions made by the stereotype about their pay scale and contributions in the companies.
The AARP report also found that large number of employers often endure ageism at workplace because the laws that protect employee who are above 50 and prohibit age discrimination are “weaker” than those laws prohibiting other kind of discrimination. so for Indian legislation this is the most important point to focus on is that government need to come up with strict law.
7.1 overall analysis of older people’s employment
According to Indian labor organization (Demographic ageing and employment in india by S.lrudaya ranjan) India has the turned the second largest older population place in the entire world. On an average, in the present situation an older person or person who is above 50 years of age live more than 20 year after their retirement age i.e 60 years. The total number of older persons in India is extended to increment from 90 million of every 2008 to 298 million out of 2051 and 505 million out of 2101. The extent of the older people would arrive to 20 per cent in the year 2051, from 8 per cent in 2008. About total 75 percent of the older people lives in the rural areas.
According to the census of 2001, total number of older people who live in india without their partners is 33.1 percent. About 77 percent of the older people live with their wedded or unmarried children and grandkids. albeit a small number of older people live alone , older women in comparison to men are more likely to be living alone as total 15 percent.
The census also indicates that older people’s labour force participation is total 41.3 per cent where as (60.3 percent men and 20.9 percent women). The census also indicates that older people’s labour force participation is total 41.3 per cent where as (60.3 percent men and 20.9 percent women).
Labour force participation of older people are much higher in rural area than metropolitan where as 45 percent in rural areas and 26.2 percent metropolitan. when it comes to India Nagaland is the state where labor force is highest and goa stands for the lowest labor force participation, it is due possibly to the varieties of jobs availability, as for example agricultural work. According to the data provide by NSS, labour force participation of the older people have expanded from 38.5 per cent in the year 1983 to 40.8 per cent in the year1993-1994, but it gradually declined to 36.6 percent in the year 1999-2000 and 35.7 in 2004-2005. In accordance with the level of education for older people Labour force participation generally rises.
32.2 percent of people which is the highest number of people who are above 50 years of age are engaged in manufacturing industry. majority portion of older people are self-employed, they are engaged in different areas as some are engaged in daily basis labour and a very few numbers of older people are in regular employment.
7.2. Constitution validity and Impact of ageism on employees dignity
Keeping in mind the real intention of law makers while writing article 14 of the Indian constitution i.e equality before the law . They specified That the Article is clearly in two parts while it orders the State not to deny to any citizen of India two important fundamental rights i.e ‘equality before law’, and it also commands the State not to deny any citizen the ‘equal protection of the laws’. Equality before law prohibits discrimination. It is a negative concept. The term ‘equal protection of the laws’ mandates the State to give exceptional treatment to all the persons in different situations to establish equality amongst all the person. It is positive in character. Therefore, the necessary corollary to this would be that equals would be treated equally, whilst un-equals would have to be treated unequally.
Under Article 21 of the Indian Constitution, right to life also ensures right to live life with dignity As correctly stated by the Supreme Court of India. Human dignity is an important part of right equality and to remove unfair discrimination while interpreting Article 14 of the Indian Constitution, thereby providing a clear connection between dignity, equality and unfair discrimination under Article 14 of the Constitution.
Discriminating a person on the basis of their age is clearly harming the person’s dignity. We can clearly visualize the importance of dignity One’s life Even prisoners have right to live with dignity, That prisoners are to be treated with human dignity, and they’re not deprived of their rights, merely because they are prisoners or even a convicted person. The Supreme Court of India in the case of Shabnam v. Union of India & Ors Very clearly explained the meaning of human dignity as ‘this right to human dignity has many elements. basically, The term human dignity is the dignity of each and every human being ‘as being Human’. Another thing, which needs to be pointed out, is that human dignity gets violated if a person’s life, physical or mental welfare is harmed in any other way. If talking in this way being tortured, forced labour, and humiliation and many more. all of this voilates human dignity”. Victim of ageism at workplace faces the same issue which leads to harm to one’s mental welfare and harm to dignity.
In an case of National Legal Services Authority v. Union of India & Ors . The apex Court of India mentioned that “The fundamental rule of the dignity and freedom to all the person is basic to all the countries , especially to those having democratic based set up. In Democracy we are required to respect and build up the free source of individuals which is responsible for the growth and advancement in history of human . Democracy likewise a technique by which we endeavor to increase the living expectation of individuals and to offer opportunities to each and every individuals to build their personality. It is establish on peaceful co-existence and helpful living. On the off chance that majority rules system depends on the acknowledgment of the independence and dignity of human being, as even more so we need to perceive the right of a human being to choose his sex/gender identity which is necessary part to his/her character and is one of the most essential part of self-determination dignity and freedom. Truth be told, there is a developing acknowledgment that the genuine proportion of improvement of a country isn’t economical development rather it is human dignity.”
7.3 Ways to tackle and overcome with ageism at workplace
- Admit stereotyping and stop making false assumption – Making any false assumption towards any Person which is irrelevant and immaterial will result into demoralizing that person. So making any False assumption about the older people or people who are above 50 years of age will lead to demoralizing and affecting their confidence towards the job and resulting into less productivity.
- Recognizing bias- In the research done by AARP it was found that near about 40% of older people or people who are above 50years of age were unable to find new job and the reason was same ‘ageism at workplace’ nearly half of the older people considered age discrimination as major factor that they were unable to find other job. moreover, 61% of people who were about 45 years of age experienced ageism at workplace. Taking measures to prevent ageism at workplace is necessary to reduce age discrimination.
- Presence of specific law – Talking about taking measures to prevent ageism at workplace will not work until the government take action and make certain specific law regarding ageism at workplace or age discrimination towards the older people of our society. As we have seen, the number of companies are reducing the retirement age of their employees. This is rapidly increasing. Strict law will sure help in reducing ageism at workplace.
- Offer promotional and technical programs- organizing Promotional and technical programs by the company will help the older employees to keep themselves up to date and also this process of learning will help both the employee and the company to gain their productivity and employer to work effective and efficiency with the newer innovation and technologies and Getting creative idea and thought that how older employees can continue to stay updated on age discrimination at workplace problems and keep themselves educated. Urge your employees that they can come to you any time they face a case of ageism at workplace.
- Creating friendly environment- By making a comfortable working environment and Creating a space where employees feel comfortable sharing their concerns and leading conscious talk is indispensable to combatting ageism in the work environment. This is to build trust between the employee and the hiring company and will fill the generation gap and this connect on a personal level will develop the positive attitude amongst the older employees.
- Keep updating yourself- where the technologies is going to fast with new innovations , it is very important for the older employees to keep themselves updated for their betterment and fair competition in the workplace. Getting knowledge outside their work and discussion regarding their work with younger employee will surely help them to protect themselves from ageism at workplace
7.4 Impact of ageism at workplace over small capital company
Loss of Experienced workers
work experience gives an opportunity to the employee to apply his skills and abilities in the work. If any small capital business discriminates against potential and current employees on based on their age, their are certainty that their business will lose the extensive work skill, experience and knowledge of the employees who are above 50 or 55 years of age. For example, if any small capital company terminates their older employees because of their old age, they may be losing their years of experience and skill, which could be transferred to the younger employees for good productivity in their business and it may take years for younger employee to get that experience and skill to handle things in the work.
Harm to Productivity
Active ageism in workplace in the small companies will be probably going to be noticed by the other employees. Knowledge of being discriminated on the basis of age by the other employees in the company will create a negative impact on working environment and poor perceptions about the companies management. The employee may not show active interest in working which will surely effect the productivity of the company and other employees may be afraid that they may be the next victim of discrimination on the basis of age or any other kind of discrimination. They will try to search another job with no discriminatory factor
Decrease in employees
Employees or workers are the backbone of the company and they very important role in growth of the company. Ageism at workplace may likewise have the unintended consequence of making employees leave the company. Albeit other employees may not be the objectives of the ageism at workplace but they might be worried that they are the following objective or just don’t have any desire to work for an oppressive company. On the off chance that the employees leave the organization, then the efficiency of the company will go down and will lose the potential and skill and knowledge of the employees to competitor.
Decline in brand value
Impression and image of a company works as a contributing factor for company’s growth. Various companies have their policies which are in favor of their employees , be it younger or older employees including their pay scale, leaves etc. If a company doesn’t treat their older staff fairly and discriminate them on the basis of their age will be look like the company is throwing their employees after use. In case a employee go and knock the door of court for Justis company may have to face legal charges which will lower down the image of company and will throw negative impact over employee as well as the consumers and if we reverse the same situation then the company’s performance will ne be at the peak and the employee will work with their full potential.
7.5 Justified age discrimination
There are certain circumstances where the age discrimination can be justified. Discriminating a person on the basis of their age or discriminating a person where the older employees age is not fit to fulfill or achieve the aim of the company are two different things. Basically it implies that action of an employer must be in order to a proportionate method of accomplishing a proper aim set by the company. The courts have likewise discovered that at time when the employees are treated unfairly and differently on the basis of their age, the employer’s actions must be in relation to help a social policy objective, keeping aside the employer’s own private advantage. Diminishing joblessness, empowering career progression and remunerating representative loyalty all finish that assessment.
commonly different type of treatment because of a guaranteed characteristic will not be supported, Their are some special case for the rule when the distinctive treatment is based on an individual’s age and can be equitably defended.
Age is the only guaranteed characteristic that keep on changing with the person throughout a individual’s life, and everyone might be treated differently and be given special treatment on the basis of their age. All things considered, consequently, there is such an exemption for age discrimination. Notwithstanding, it presently appears to be that the special case possibly applies when it is viewed as in the public interest. For instance – while recruiting a person for a job where fitness is required like Indian army, body guard , construction worker. So people who are older or above the age of 50 years will not be suitable for the job and discrimination or ageism at workplace will ne justified in these situations.
The concept of ageism at workplace is profoundly inserted in various societies across the world. various associations and individuals connect the old to time of exiting the work force. Attitudes associated with ageism are ordinarily prevailing among employers and the younger employees .Addressing the issues of ageism at workplace in employers and younger workers would help to understand the problem of the growing levels of ageism at workforce. The majority of the older employees who are above 50 years of age would like to work more rather than being retired even though the state of paid employment is significant to their mental and physical welfare. Older people are quite healthier and fit for the job opportunity and they can work nicely until they reach their 70s. It is evident that the employees above 50 years of age become victim of ageism more easily as compared to the young employees. older employees become target of ageism at workplace very easily. most of the times older employees also face age discrimination while applying for the job. Older workers have more experience and also they are more skilled than the younger employees, the only thing we need to do is to take things to the right direction and taking something positive out of it. older employees are still being discriminated on the basis of age. The anti discrimination law which is specifically for the victims who are being discriminated on the basis of age fails to protect the older communities in countries like America and countries of Europe so. there is the need to have strict law regarding ageism at workplace. making laws are not enough to prohibit ageism but it is necessary as well to change stereotype nature of organization and employers Indian parliament should come with an specific law which deals with ageism at workplace. Somewhere ageism is left out but it is a crime against the humanity ,dignity and respect of a person which is gets quite tough to face and the victim also suffer many consequences of ageism at workplace, like the older person who is above the age of 50 or 55 faces ageism at workplace may loose confidence in his job and harassment (directly or indirectly) may lead to critical mental issue and they may be provoked to commit suicide, sometimes victim keep them isolated, fear to interact with other people, insecurity, they may feel demoralize which have negative impact on their personal as well as professional life , embarrassment and self consciousness, social anxiety disorder is the new mental disease seen across various countries. Where the discrimination is directly affecting the person is also a form of defamation, section 499 of Indian penal code itself declares a offence against human dignity. It’s a high time and the government must initiate to make provision regarding ageism at workplace, can also amend a law in torts which deals with defamation. Many other countries have already taken several steps to remove ageism at workplace like united states of America , have age discrimination in employment act of 1967 is a labor law which prevents employment discrimination against people who are 40 years of age in United States. Like wise Indian government should also take action required like there should implementation of fundamental rights of the Indian constitution that is right to equality article 14 equality before law the state shall not deny to any person equality before the law or the equal protection of law within the territory of India . This is not followed as our older section of society is facing serious issues we are taking about equal rights and opportunities about women , feminism considering male and female to be equal in every aspect even raising are recognition of transgender as in national legal services authority v. Union of India the landmark case where supreme court of India declare transgender as the ‘third gender ‘ troughed raising our voice for LGBT rights in India commenced in 2018 talking about same sex sexual activity legalization in India as in article 15 regarding no discrimination on ground of religion, race ,sex, caste , etc. in the same manner there should be amendment in article 14 and 15 taking about this our senior citizens rights which is in need I would also I like to mention that apart from government we should also take initiative to control this serious threat prevailing in our society ageism .
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