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Showing posts with label Age Discrimination. Show all posts
Showing posts with label Age Discrimination. Show all posts

Thursday, January 29, 2009

Lilly Ledbetter Fair Pay Act...signed into law by Barack Obama!


Just moments ago, President Barack Obama signed his first bill into law.

With a brief flourish of his pen (he's left-handed, by the way) Mr. Obama affixed his signature to the Lilly Ledbetter Fair Pay Bill, then passed off the keepsake to Ledbetter as a posse of Government Officials nodded approval on the sidelines.

The President noted that it was a historic moment.

"I sign the Fair Pay Bill in honor of Lilly Ledbetter and those who came before her."

With that, he added that new life had been breathed into a Constitution signed over two hundred years ago, which now guarantees an end to discrimination in the workplace.

Ledbetter - a seventy-year-old grandmother - worked for the Goodyear Tire & Rubber Co. in Gadsden (Alabama) from 1979 to 1998.

As she was nearing retirement, she received an anonymous tip that she was being paid less than male colleagues performing the same tasks in the workplace.

On the heels of the revelation, Ledbetter filed a charge with the Equal Employment Opportunity Commission pursuant to Title VII of the 1964 Civil Rights Act which makes it illegal to discriminate in paying wages based on race, gender, national origin and religion.

A jury initially awarded the Goodyear employee more than $3 million in back pay and punitive damages which was later reduced to $300,000.00 by a Judge presiding over the controversial case.

Finding fault with the lower court's ruling, Ms. Ledbetter and her lawyers appealed all the way to the the Supreme Court.

In a 5-4 ruling in May 2007, the Justices threw out Ledbetter's complaint, saying she was required to bring suit within 180 days of the initial act of discrimination even though she was not aware at the time that she was receiving less than her male colleagues.

In their landmark ruling, the court underscored though, that the 180-day statute of limitations is extended every time an employer violates the law by issuing a paycheck or engages in other practices that discriminate.

For example, if an employee alleges that she received a salary a couple of decades ago that was less than that of male co-workers because of discrimination, each new paycheck since that occurrence would be a new unlawful employment practice that resets the statute of limitations.

The bill, now in effect as a matter of law, is intended to ensure equal pay for women in the workplace henceforth.

The Lilly Ledbetter Fair Pay Bill retains current limits on employer liability by restricting back-pay awards to two years, however.




http://www.julianayrs.com

Saturday, September 15, 2007

Age Discrimination in Hollywood...movie passes based on age, race, gender



A few weeks ago, as I approached the theater to attend a screening, a young man rushed up and asked if I would like a pass for a screening of a film to be shown in Hollywood at the Mann's Chinese Theater titled "The Kingdom".

Sure, I replied.

I am prone to take in a few films a week - so when they're free - I'm even more enthusiastic!

Without much thought, I slipped the voucher in my pocket and proceeded into the 11th Hour (DiCaprio's film on the Global Warming).

A couple of days later, I dragged out the paperwork to verify the date, time, and location for the other movie.

As I read the details, I was a little disturbed by the contents.

First - the filmmakers instructed all moviegoers attending the premier to either e-mail their confirmation for a pass - or call an 800 number with the information requested.

Frankly, I wasn't upset by the fact they asked for my name; after all, common sense dictated that they probably needed it to identify me for their guest list.

But, I paused when I noticed they wanted me to disclose my race and my gender!

The one that really packed the punch was the notice that the individual making the reservation provide the age of the parties who were requesting seats.

The film company was limiting entrance to individuals aged 17-50.

I turned over the voucher to determine all the pertinent details about the film.

Director Peter Berg and producers Scott Stuber (You, Me, and Dupree) and Michael Mann (Miami Vice) apparently sat at the helm of this "timely thriller" which they described as,

"The explosive clash that happens when Middle East meets the West: The Kingdom."

Since the film was rated R, I understood the requirement that an individual be 17.

But why must a moviegoer be under 50?

Are they afraid that the violence onscreen may induce a heart attack? If so, what a presumption!

Or, that citizens over 50 may not be able to fathom the issues pertaining to terrorism, race, or sensitive political tensions in the Middle East?

If anything, I expect the elderly sector in America - through life experience - would have a better grasp of the realities than those their junior.

Of course, I'd hate to generalize.

So, the age stipulation was puzzling.

Maybe, studio didn't want to turn off a younger audience by seating them alongside a bunch of grey hairs with wrinkles in the close quarters of a crowded theatre?

Say what?

According to experts in the field:

"Most broadly, discrimination is the discernment of qualities and rejection of subjects with undesirable qualities."

Unlawful discrimination can be characterised as direct or slightly less direct.

Direct discrimination involves treating someone less favourably because of their possession of a legally protected attribute (e.g., sex, age, race, religion, family status, national origin, military status, disability) compared with someone without that attribute in the same circumstances.

Discrimination against the elderly American society has been described as maintaining a stereotypical and often negative perception of older adults. This negative and/or stereotypical perception of aging and aged individuals is apparent in such areas as language, media, and humor.

For example, such commonly used phrases as over the hill and an old fart denote old age as a period of impotency and incompetence.

The term used to describe this stereotypical and often negative bias against older adults is ageism.

Ageism can be defined as "any attitude, action, or institutional structure, which subordinates a person or group because of age or any assignment of roles in society purely on the basis of age".

As an ism, ageism reflects a prejudice in society against older adults.

The victims of bigotry and prejudice are generally referred to as minorities. This is not because they are necessarily fewer in number, but because they are deprived of the rights and privileges of the majority.

Ageism, however, is different from other isms (sexism, racism etc.) for primarily two reasons:

First, the individual may be ageist with respect to others. That is, they may stereotype other people on the basis of age.

Second, the individual may be ageist with respect to self, so ageist attitudes may affect the self-concept.

"We live in a culture that reveres youth. To be young is to be alive, sexy, and full of energy. To be old is to be 'senile', 'worthless', and having 'one foot' in the grave."

This is the attitude most often seen in modern society.

In general there are at least nine known major stereotypes that reflect prejudice towards senior citizens.

These include illness, impotency, ugliness, mental decline, mental illness, uselessness, isolation, poverty and depression.

This "discrimination" allows the rest of us to separate ourselves from older people and view them as less than fully human.

Curiously, reporters in a Time Magazine article had this to say on the subject of ageism:

"Ageism consists of taking a mere count of years as a gauge of a person's capacity and vitality. But the troublesome truth is that the higher the age the less it dependably reveals about the human being."

"The aged are a more diverse, heterogeneous group than any other," says Dr. Robert N. Butler, who is the Director of the National Institute on Aging.

Bottom line, do we want to be part of a "Kingdom" that bases its inclusion on race, age, or gender?

George Burns once said,

"You know you're getting old when you stoop to tie your shoelaces and wonder what else you could do while you're down there."
 
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