Discrimination and Employment Law Essay

Tags: social media employment law social responsibility employees workplace discrimination surveillance smoking youth economy investment ethics business law

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Total Length: 670 words ( 2 double-spaced pages)

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As described in Chapter 4 of Mosser (2014), from a deontological ethical perspective not discriminating against older workers is clearly justified. Older workers have made an investment of time and effort into their professions and the economy, and they should not be deprived of the ability to capitalize upon those benefits, nor should their previous societal contributions be ignored. Ethically, it is also immoral to discriminate against an entire class of human beings. But even from a utilitarian perspective, older workers can offer value to the organization. Older workers bring the values of experience to the workplace, and can actively mentor younger employees.

Furthermore, youth is merely a temporary state, and all workers will be old workers eventually. If younger workers lobby for discrimination now, they may face discrimination themselves in the future. Nondiscrimination secures the greatest good for the greatest number of people.

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Finally, having a large population of older workers denied employment is ultimately not a sustainable way for the country to move forward, particularly as older workers are living longer in a world with reduced pensions and an uncertain Social Security system.

Also from a utilitarian perspective, the reasons used to support discrimination are not supported by current studies. Older workers do not have deficient technical skills, nor are they less productive, so long as they have the physical and mental capacity to work at the job for which they were hired (Dennin, 2018). In short, companies should not discount the benefits of experience gained from hiring older workers and older workers are not taking jobs away from younger workers, particularly given that they are not necessarily competing with much younger workers for the same kinds of jobs.
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References

Dennin, J. (2018). Older workers are consistently discriminated against in job hiring. Mic. Retrieved from: https://mic.com/articles/189141/older-workers-are-consistently- discriminated-against-in-job-hiring-heres-how-we-can-fix-that#.w7MlPGB5t

Mosser, K. (2013). Ethics and social responsibility (2nd ed.) [Electronic version].

After hours: How to regulate employees\' off-duty behavior. (2012). HR Specialist: Employment Law, 42(4), 4.

Dame, J. (2014). Will employers still ask for Facebook passwords in 2014? US Today. Retrieved from: https://www.usatoday.com/story/money/business/2014/01/10/facebook- passwords-employers/4327739/

Perego, M. (2010, June). The two faces of social media. Public Management, 92(5), 2-3.

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