Comprehensive Management Plan for Age Discrimination in HR

1 Management Plan Job Aid HR Challenge: Management Plan Job Aid HRM-FPX5118 Rafael Lopez December 28, 2023

2 Management Plan Job Aid Background Although there may not be a legal obligation to maintain a policy on harassment, it is important to understand that a company may be held liable in the case of harassment in the workplace. (Thomson Reuters, 2023) It is not enough just to have a policy, but to also ensure employees are aware of the policy. When looking through the policies in place, the HR department has realized that age discrimination is not currently covered. With the aging population here at CapraTek it is vital that we update our policies to reflect this type of discrimination. Legal Consequences The Age Discrimination Employment Act applies to individuals that are 40 years of age and above. This act falls under Title VII of the Civil Rights Act of 1964 and prohibits any form of discrimination against individuals within this class. (Labor U. D., n.d.) and violations come with a steep fine if found in violation of title VII. Education The Human Resources department has developed an addition to the employee handbook(encls. 1) along with a quick reference pamphlet. (encls. 2) HR will add this to the current employee handbook and ensure all current and future employees read the handbook and sign an attestation form acknowledging that they have read and will comply with all policies and procedures outlined in the handbook. Additional training will be rolled out in phases. During phase 1, HR will conduct training for all individuals in leadership positions. First, they will be given in-depth training of what age discrimination is and the forms that it comes in. This will ensure leaders are aware of their own actions to ensure they remain compliant. After they have a full understanding of this type of discrimination, they will receive instruction on how to properly deal with a complaint that is filed. By doing this it will help ensure appropriate actions are taken without

3 Management Plan Job Aid compromising and possible investigation that must occur. The second phase of instruction will be with all non-supervisor employees. The first part of this training will mirror the supervisor training and will be completed at the same time as supervisors to ensure the employees see that their supervisors are receiving the same training. However, the second part of this training that will be completed in break-out sessions, will cover how to properly file a complaint. To reenforce these trainings, the posters that were developed will be posted in all employee lounges, the company policy board, and within restrooms placed above urinals and within all stalls. Outcomes Through this education not only will our employees understand the forms of discrimination, but it will also explain to them how to address the issue if they feel as though they have been a victim of discrimination. By knowing what it is, and what the penalties are, HR feels that this will reduce the possibilities of having an occurrence. Enclosure 1: Harassment & Discrimination Harassment is defined by the US Equal Employment Opportunity Commission (EEOC) as; unwelcomed conduct that is based in race, color, religion, sex (including sexual orientation, gender identity, or pregnancy), national origin, older age (beginning ay age 40), disability, or genetic information (including family medical history). Harassment is considered to be in violation of Title VII of the Civil Rights Act of 1964. (US Department of Labor, n.d.) Discrimination occurs when you treat an individual differently based off one or more protected classes defined by the EEOC (Department of Labor, n.d.) Types of discrimination include, age,

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4 Management Plan Job Aid disability, equal pay, genetic information, harassment, national origin, pregnancy, race, religion, retaliation, sex, sexual harassment, sexual orientation, and gender identity. (Labor, n.d.) Age Discrimination Age discrimination occurs when and applicant or employee is treated differently due to their age. The Age Discrimination Employment Act (ADEA) applies to discrimination of individuals that are 40 years of age or older. Under the ADEA it is unlawful to discriminate in any way to include hiring, firing, pay, promotion, benefits, or conditions of employment. This can also include offensive remarks about an individual’s age. (Labor U. D., n.d.) Examples of age discrimination include but are not limited to;  Terms used for younger workers like “new blood” while older workers are referenced as “set in their ways”  Older employees being passed over for training and development opportunities  Harmful jokes about one’s age  Comments about ageist assumptions i.e. concerns around technology  Social segregation of the older employees  Older employees with same qualifications and annual reviews not being promoted at the same pace as younger employees. (Lytle, 2021) Complaint Procedures If you feel that you are a victim of age discrimination, you should report this to your immediate supervisor. If you are uncomfortable reporting this to your immediate supervisor, or the discrimination is happing from your immediate supervisor, you should report this to the human resource department. At this point the HR department will begin an investigation based off your claim to determine if the claim is valid. In the event that a claim is valid, the HR department will

5 Management Plan Job Aid take swift action to eliminate further discrimination from occurring. If the complaint is not found to be valid, the HR department will speak with the employee who filed the complaint to explain their findings. If you are a supervisor and fail to file the complaint of a subordinate to the HR department, you too shall be held to the same standards as the alleged policy violator. Violations of this policy will not be tolerated and will be punishable by administration action up to and including termination.

6 Management Plan Job Aid Enclosure 2

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7 Management Plan Job Aid Bibliography Department of Labor. (n.d.). What is Employment Discrimination . Retrieved from U.S. Equal Employment Opportunity Commision: https://www.eeoc.gov/youth/what-employment- discrimination#:~:text=The%20laws%20enforced%20by%20EEOC,older)%2C%20or %20genetic%20information. Labor, U. D. (n.d.). Age Discrimination . Retrieved from U.S. Equal Employment Opportunity Commission: https://www.eeoc.gov/age-discrimination Labor, U. D. (n.d.). Discrimination by Type . Retrieved from U.S. Equal Opportunity Commission: https://www.eeoc.gov/discrimination-type Lytle, T. (2021, December 29). 7 Signs You've Been a Victim of Age Discrimination . Retrieved from AARP: https://www.aarp.org/work/age-discrimination/common-signs/?cmp=KNC- DSO-WORKJOBS-WJ-AgeDiscrimination-Signs-NonBrand-Exact-41199-GOOG- AGEDISCRIM-Examples-Exact-NonBrand&gad_source=1&gclid=CjwKCAiA- bmsBhAGEiwAoaQNmk-p-Qc2zplNO4nT2qwDLQHNXBisGd7AR4NHC2vUpkAG Thomson Reuters. (2023, August 28). Why employers should have a sexual harassment policy . Retrieved from zThomson Reuters: https://legal.thomsonreuters.com/en/insights/articles/company-sexual-harassment- policy US Department of Labor. (n.d.). Harassment . Retrieved from U.S. Equa; Employment Opportunity COmmission: https://www.eeoc.gov/harassment

HRMFPX5118_RafaelLopez_Assignment2_2

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