Blog: Age Discrimination

Law: The Age Discrimination in Employment Act of 1967 is a US labor law that forbids employment discrimination

against anyone at least 40 years of age in the United States. In 1967, the bill was signed into law by President Lyndon B. Johnson.
How can this law be enforced? Often, it is quite difficult to prove in a court of law. Many job applicants vehemently complain that they will not be hired  due to being  over 40 years of age. Companies fire older, higher salaried employees and replace with younger, cheaper employees. Some companies simply will not hire older employees and will inform recruiter from various agencies of this illegal fact. This age discrimination  in the United States needs to cease immediately by enforcing The Age Discrimination in Employment Act of 1967. Lawyers should be involved in the passing a bill to the legislature to enforce this law.

Concept: Let California be the first state in the US to enforce this law.

Goal: Thousands of talented  employees from other states  over 40 years of age will move to California in order to avoid age unenforced discrimination  during interviews.

California residents over 40 years of age will remain in California since other states will not offer any legal protection against age discrimination on interviews.

Proof of age: Proof of age cards with ID numbers will be issued by the DMV and must be presented on interviews.

Applicants  can not be hired without a proof of age card.

Solution: Quotas

Place quotas with companies with more than 30 employee to have a 10 percent quota (at all times) of employees over 40 years of age.  For instance, a company with 100 employees would be required to have a 10 employees over 40 years of age at all times. If the company fails to meet it quota,  interviews for the hiring process for employees over 40 years must take place in a timely fashion in order to mitigate damages. Proof of interviews coupled with resumes  and Proof of Age card must be submitted to government officials upon request.

Firings: When an employees over forty years over age is terminated from employment, the new employee must be over 40 years  of age.

Resumes from the interview process coupled with  Proof of ID card must be  presented to the government inspectors. If company hires a replacement under 40 years of age,  the terminated employee can challenge the company in a court of law  for violation of the Age Discrimination in Employment Act of 1967. Resumes during the interview process coupled with the proof of age card can be subpoenaed by the terminated employee.

How do to enforce the quota: Fines, felony, and prison time

A document with the names of employees over 40 years of age with  must be presented to government officials during an unannounced inspection. Failure to provide the document  or a document that contain inaccurate data will  result in fine and /or penalties.

If the company does not comply, fines will be administered. Government officials will visit companies  unannounced will ask Human resources for the employees who are over 40 years of age and pay stubs to prove they are gainfully employed. Subsequently, the human resource manager  must sign a document certifying the quota has be attained. Employees  of the company who are over 40 years of age must prove to the government officials to prove of age and previous weeks pay stubs to verify employment by signing a document.
What happens if an employees over 40 years of age employee  either quits or is fired  and the company quota falls below the minimum quota? Company must contact the state of California with 24 hours and follow instructions to attain quota in order to avoid fine and /or penalties.

Penalties:

Employees who falsify documents to prove age will result in State of California  fines and/or felony.
Human resource managers who provides false information regarding the quota will be fined and/ or felony.
This illegal action of human resources  would result in a personal lawsuit prosecuted by the state of California.
Company will be fined for violation of respondent superior (action of the employees).
Fines range start at 100K per violation for the first offense.
Second offense  will result in a felony with up to 90 days in prison.

Health insurance: California should devise a plan for health insurance premiums for employees over 40 years of age. This would reduce the burden of the employer.

Perhaps tax credits could be an incentive if a company attains a higher quota.

How to start implementation: Can this concept be used on an assembly Bill (AB) with a number assigned  to be voted?

Can this concept be placed as proposition on a ballot  for voting in November
as a result of a petition of 600,000 signatures?
Do you recall Prop 6 for repeal the gas tax and Prop 10 for California rent control?
Prop 10 was defeated in California; however, rent control was subsequently passed from a vote in Los Angeles County.

Job posting: Future sample California Job posting on job internet sites.

Accountant – Los Angeles – BS degree is required. 80K-100K – work authorization is required
Applicants who reside in the United States must be over 40 years of age to apply in order to meet California  state quota.
Please provide  the  proof of age card issued by the DMV when applying .
Falsify of documents to prove age  on the interview  will result in the  state of California fines  and/or felony.
Individuals under 40 years of age may not apply due to California State law.

Result:  Age discrimination will be terminated in California

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