Term Paper on "Laws Dealing With Business Record Management"

Term Paper 3 pages (1129 words) Sources: 2 Style: MLA

[EXCERPT] . . . .

Information Technology - Legal Issues

INFORMATION TECHNOLOGY LAW

Age Discrimination and Employment Act:

Age discrimination legislation in the United States includes the Age Discrimination in Employment Act of 1967 (ADEA), the Age Discrimination Act of 1975, and Section 188 of the Workforce Investment Act of 1998 (Halbert & Ingulli p.41).

Collectively, they prohibit age-based employment discrimination in hiring, promotional eligibility, and other privileges of employment in industries and ventures funded by the federal government.

Specifically, age discrimination legislation protects individuals aged 40 and older from discrimination preventing them from equal opportunities to work and receive employment benefits based on their age (USDOL 2008).. In principle, age discrimination protections do not relate directly to record information management functions, except to the extent that ordinary business records and communications often form the basis of proof in cases of alleged discrimination as well as the basis of defenses to those causes of actions and discoverable in legal disputes where they are subpoenaed as evidence.

In general, the basis of modern age discrimination legislation in the U.S. was originally prompted by gradual changes in lifespan and productivity in later years of life made possible by improved longevity and health in industrialized society (Henslin p.263). In the latter part of the 20th century, longevity increased dramatically, as did the health of older people and the American Association of retired persons (AARP) became one of the most powerful political lobbyists in Washington. Consequently, the passage of age discrimination law enjoyed considerable political support throughout the country with little opposition. In the United States, age discrimination is a matter of civil law and remedies are generally awarded in the form of compensatory monetary damages, lost wages, and reinstatement of employment benefits (Halbert & Ingulli p.41).

Age discrimination legislation addresses three primary types of age-related employment discrimination. In 2000, the U.S. Supreme Court prohibited purposeful discrimination by treating older employees differently in Reeves v. Sanderson, but two federal district courts have ruled differently on the matter of prohibiting employment and hiring practices that discriminate on the basis of age where the discrimination is not purposeful in its intention but only discriminatory in its effects (Friedman pp.594-6).

In 1996, the 6th Federal Circuit Court added age-based harassment as the basis for age discrimination lawsuits in the same manner that other protected classes like race and gender are protected from hostile work environments. The U.S. Supreme Court has not yet addressed this issue which is currently determined by state law and differs from state to state.

Form an ethical point-of-view, age discrimination is fundamentally wrong because the only legitimate basis for age-based employment considerations are those where advanced age directly affects the ability of an individual to perform the tasks associated with the position. Unless thee are specific physical elements of the job that make employment unsuitable for older individuals, discrimination against older workers is as unjustified as discrimination against individuals based on race or gender.

Possible examples of particular types of employment where age-based limitations may be appropriate would include law enforcement positions and certain other industries where deterioration in skills is age-specific, especially where reduced performance may expose the worker or others to danger.

Electronic Communications Privacy Act (ECPA):

Title III of the Omnibus Crime Control and Safe Streets Act of 1968 prohibits unauthorized interception or recording of private telephone conversations and other types of private communications. In 1986, the U.S. Congress… READ MORE

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