A FEW INTERESTING TOPICS REGARDING AGE DISCRIMINATION

84 YEAR OLD LOSES AGE DISCRIMINATION CLAIM

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- Labour news from UNI global union – for trade unions in a global services economy. -

“The matter has been resolved on a mutual basis” declared one of the former Best Buy employees’ attorneys.

44 former Best Buy IT employees who had been laid off in June 2004 brought their ex-employer in court for age discrimination. In fact, soon after its outsourcing deal with Accenture, Best Buy announced the suppression of 130 jobs. Unsurprisingly, the management, who rebutted the allegations, was accused among other things to have laid off older employees in order to retain younger ones.
Those who became plaintiffs were 51 years old on average and won their fight. A court order recently told the company to reinstate the workers or pay them wages and benefits until their retirement age.

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EEOC AMENDS AGE BIAS REGULATIONS TO CONFORM WITH SUPREME COURT RULING

WASHINGTON — The U.S. Equal Employment Opportunity Commission (EEOC) today issued revised regulations on age discrimination in the workplace in accordance with a 2004 Supreme Court decision, General Dynamics Land Systems, Inc. v. Cline. The updated regulations, published in today’s Federal Register, are available on www.eeoc.gov

The revised regulations clarify that the Age Discrimination in Employment Act (ADEA) does not prohibit employers from favoring an older employee over a younger one when both are protected by the Act. The EEOC initially proposed these changes in 2006 and, after receiving public comments on its proposal, unanimously voted to approve the revisions. The public comments were largely supportive of the revisions, with both business and labor groups supporting the changes.

“With the graying of the American workforce, the ADEA has become more relevant than ever to both employers and employees,” said EEOC Chair Naomi C. Earp. “These revisions harmonize the Commission’s age discrimination regulations with the Supreme Court’s ruling in Cline, which clarified the law on this question. The decision, along with the revised regulations, will aid the EEOC in its enforcement efforts.”

The ADEA protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA’s protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. The ADEA applies to employers with 20 or more employees, including state and local governments. It also applies to employment agencies and labor organizations, as well as to the federal government.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC and the laws it enforces is available on its web site at www.eeoc.gov    ~Howdy

Happy Fourth of July

The following article is long, but we think it’s appropriate reading for the Fourth of July. Jay Leno, the well-known, late-night comedienne is credited as the author. However, if it turns out it was written by someone other than Jay Leno and Jay’s name was just attached to it, then kudos to the “real author”.

 Jay Leno wrote this; it’s the Jay Leno we don’t often see….“The other day I was reading Newsweek magazine and came across some poll data I found rather hard to believe. It must be true given the source, right?
The Newsweek poll alleges that 67 percent of Americans are unhappy with the direction the country is headed and 69 percent of the country is unhappy with the performance of the president. In essence
2/3s of the citizenry just ain’t happy and they want a change.
So being the knuckle dragger I am, I started thinking, ”What we are so unhappy about?”Is it that we have electricity and running water 24 hours a day, 7 days a week? Is our unhappiness the result of having air conditioning in the summer and heating in the winter? Could it be that 95.4 percent of these unhappy folks have a job? Maybe it is the ability to walk into a grocery store at any time and see more food in moments than Darfur has seen in the last year?Maybe it is the ability to drive from the Pacific Ocean to the Atlantic Ocean without having to present identification papers as we move through each state? Or possibly the hundreds of clean and safe
motels we would find along the way that can provide temporary shelter?
I guess having thousands of restaurants with varying cuisine from around the world is just not good enough. Or could it be that when we wreck our car, emergency workers show up and provide services to help
all and even send a helicopter to take you to the hospital.Perhaps you are one of the 70 percent of Americans who own a home. You may be upset with knowing that in the unfortunate case of a fire, a group of trained firefighters will appear in moments and use top notch equipment to extinguish the flames, thus saving you, your family and your belongings.Or if, while at home watching one of your many flat screen TVs, a burglar or prowler intrudes , an officer equipped with a gun and a bullet-proof vest will come to defend you and your family against attack or loss. This all in the backdrop of a neighborhood free of bombs or militias raping and pillaging the residents. Neighborhoods where 90 percent of teenagers own cell phones and computers.
How about the complete religious, social and political freedoms we enjoy that are the envy of everyone in the world? Maybe that is what has 67 percent of you folks unhappy.
Fact is, we are the largest group of ungrateful, spoiled brats the world has ever seen. No wonder the world loves the U.S. yet has a great disdain for its citizens. They see us for what we are. The most blessed people in the world who do nothing but complain about what we don’t have and what we hate about the country instead of thanking the good Lord we live here.I know, I know. What about the president who took us into war and has no plan to get us out? The president who has a measly 31 percent approval rating? Is this the same president who guided the
nation in the dark days after 9/11? The president that cut taxes to bring an economy out of recession? Could this be the same guy who has been called every name in the book for succeeding in keeping all the
spoiled, ungrateful brats safe from terrorist attacks?
The commander in chief of an all-volunteer army that is out there defending you and me? Did you hear how bad the President is on the news or talk show? Did this news affect you so much, make you so unhappy
you couldn’t take a look around for yourself and see all the good things and be glad?Think about it….are you upset at the President because he actually caused you personal pain OR is it because the “Media” told you he was failing to kiss your sorry, ungrateful behind every day.
Make no mistake about it. The troops in Iraq and Afghanistan have volunteered to serve, and in many cases may have died for your freedom. There is currently no draft in this country. They didn’t have to go

They are able to refuse to go and end up with either a ”general” discharge, an ”other than honorable” discharge or, worst case scenario, a ”dishonorable” discharge after a few days in the brig.

So why then the flat-out discontentment in the minds of 69 percent of Americans? Say what you want but I blame it on the media. If it bleeds it leads and they specialize in bad news. Everybody will watch a car crash with blood and guts. How many will watch kids selling lemonade at the corner? The media knows this and media outlets are for-profit corporations. They offer what sells and when criticized, try to defend their actions by “justifying” them in one way or another.
Just ask why they tried to allow a murderer like O.J. Simpson to write a book about how he didn’t kill his wife, but if he did he would have done it this way……Insane!  Stop buying the negativism you are fed everyday by the media.
Shut off the TV, burn Newsweek and use the New York Times for the bottom of your bird cage. Then start being grateful for all we have as a country. There is exponentially more good than bad.  We are among the most blessed people on Earth and should thank God several times a day, or at least be thankful and appreciative.”
“With hurricanes, tornados, fires out of control, mud slides, flooding, severe thunderstorms tearing up the country from one end to another, and with the threat of bird flu and terrorist attacks, “Are we sure this is a good time to take God out of the Pledge of Allegiance?”

Jay Leno 

Happy Fourth of July! Please stay safe and God Bless America!

~Howdy ‘n Betty

Please see Comment section to learn details and actual author to the above commentary:

(The commentary was written by Craig R. Smith and published on WorldNetDaily.com at Thanksgiving, 2006.)