Age shows how young or old you are to take responsibility, work pressure, giving opinions, play a sport, do an adventure, sharing experiences and doing a job. But Age never suggest that a 16 year old boy or girl is not old enough to handle pressure, or take responsibilities and a 60 year old man can’t play a sport or participate in an adventure. Many companies and employers have started using AGE as a weapon to start doing discrimination.
Age discrimination means treating two people differently on the ground of their age. How can one become less advantageous just because of his or her age?
If an employee doesn’t suit a job and he is asked to leave because of his incompetence or lack of knowledge or irresponsibility etc then it is legally acceptable but if a person is just not treated well in terms of payment, promotion i.e not given opportunity to grow, or is asked to leave the organization just because of the fact that he is ageing is not a lawful act. Employment Act, 1967 (ADEA) prohibits the following act against age discrimination: * Discrimination in giving job, wages, promotion. * Giving employment notices specifying the age limit. * Older employees not given benefits. * Prohibiting fixing of retirement age below 65 years.
Section 623 of the Employment Act, 1967 (ADEA) describes the defense to ACT towards the Age Discrimination. It discusses the following: * With a reasonable cause, the employer has a right to discharge an employee from his post , regardless of the Age of the employee. * Employer has a right to take a reasonable action based on facts and circumstances other than Age. * Give early Retirement option to employees – who might be taking them voluntarily with the incentives offered to them. * Specific Occupational requirements for age and qualification needed are allowed as per law and so acceptable. * If the employee voluntary waives the age discrimination act done by the company ,