General Discussion
In reply to the discussion: Obsolete By 50 Will Eventually Be Obsolete At 40. [View all]TheMastersNemesis
(10,602 posts)The age discrimination law has always been inadequate. It is up to the plaintiff to PROVE discrimination. And that meant that one needed the personnel records of the business. Impossible to get and impossible to have a case when you had NO proof. My remedy was that age discrimination needed to be under Affirmative action or be classified as the same as discrimination based on race, religion or ethnic origin. And sex, and sexual orientation should also be included at the FEDERAL level.
What that means is the business or establishment must prove THEY ARE NOT discriminating. Under federal law the personnel records must be presented to the FEDERAL courts. If discrimination is found then a FEDERAL OVERSEER is assigned the company and the company or establishment is FORCED to address the situation and REMEDIES are assigned the FEDERAL court.
At DOL I encountered representatives of companies under FEDERAL COMPLIANCE ORDERS. They were forced to hire qualified discriminated classes.