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Learning Not Litigating: Managing Employee Development and Avoiding Claims of Age Discrimination

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Learning Not Litigating: Managing Employee Development and Avoiding Claims of Age Discrimination
Todd J. Maurer and Nancy E. Rafuse
Todd J. Maurer and Nancy E. Rafuse

MGMT 412
April 11th, 2013

MGMT 412
April 11th, 2013

Learning, not litigating:
Managing employee development and avoiding claims of age discrimination
Learning, not litigating:
Managing employee development and avoiding claims of age discrimination

Key Learning Objectives: * Promote the importance of continuous learning.

* Denying and discouraging older workers is discriminatory and could warrant legal consequences.

* Implementing human resource policies based on job related criteria will mitigate possible litigation.

Introduction: With the average age of working employees increasing, the amount of people covered under the Age Discrimination in Employment Act (ADEA) has also grown. With the rise in workers over the age of 40, there has been some indiscretion in regards to the training or lack of training made available to this group. This paper gives an in depth analysis of the findings of Todd J. Maurer and Nancy E. Rafuse in their article Learning, not litigating: Managing employee development and avoiding claims of age discrimination. The article addresses ways to avoid lack of training by creating an environment conducive to continuous learning which promotes employee growth and add value to the employer. The ways older workers have been denied and discouraged from training is explained as well as how the legal ramifications of these actions could hurt an organization. Because of the potential prevalence of age related discrimination, the definitions of terms, conditions and privileges of employment have been defined and may become increasingly actionable. Maurer and Rafuse detail how age discrimination can be avoided in training and development practices. Bringing change and evolution to and organization’s training practices through the use of top-down management training in an attempt to change culture and policies, decisions about who is trained,



Bibliography: Iddekinge, Chad. "Effects of Selection and Training on Unit-Level Performance." Journal of Applied Psychology. 94.4 (2009): 829-843. Print. Marjorie Armstrong-Stassen, & Cattaneo, J. (2010). The effect of downsizing on organizational practices targeting older workers. The Journal of Management Development, 29(4), 344-363. doi: http://dx.doi.org/10.1108/02621711011039150 Maurer, Todd J., and Nancy E. Rafuse. "Learning, Not Litigating: Managing Employee Development And Avoiding Claims Of Age Discrimination." Academy Of Management Executive 15.4 (2001): 110-121. Business Source Premier. Web. 9 Oct. 2012. Noe, R. A.. Employee Training & Development. . 4th. New York, NY: Irwin Professional Pub, 2008. 461-465. Print. Todd J. Maurer, Frank G. Barbeite, Elizabeth M. Weiss, Michael Lippstreu, (2008),"New measures of stereotypical beliefs about older workers ' ability and desire for development: Exploration among employees age 40 and over", Journal of Managerial Psychology, Vol. 23 Iss: 4 pp. 395 – 418 United State Senate: Special Committee on Aging. (2011). Retrieved from website: http://aging.senate.gov/issues/olderworkers/index.cfm

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