OLD AGE, HANDICAPPED AND VIETNAM-ERA ANTIDISCRIMINATION LEGISLATION

• NCJ Number: 59550
• Author(s): J P NORTHRUP
• Date Published: 1977
• Length: 250 pages
• Sponsoring Agency: Pew Charitable Trust; General Electric Foundation; University of Pennsylvania
• Corporate Author: University of Pennsylvania
• Sale Source: University of Pennsylvania
• Language: English
• Country: United States of America
• Note: LABOR RELATIONS AND PUBLIC POLICY SERIES

Annotation

FEDERAL LAWS ON EQUAL EMPLOYMENT OPPORTUNITIES FOR ELDERLY PERSONS, HANDICAPPED PERSONS, AND DISABLED AND VIETNAM-ERA VETERANS ARE EXAMINED, WITH EMPHASIS ON THE LAWS' APPLICATION AND IMPACT.

Abstract

THE 15TH IN A SERIES ON LABOR-MANAGEMENT ISSUES PRODUCED BY THE INDUSTRIAL RESEARCH UNIT OF THE WHARTON SCHOOL, UNIVERSITY OF PENNSYLVANIA, THE MONOGRAPH SYNTHESIZES BACKGROUND INFORMATION, CASE LAW, AND COMMENTARY PERTAINING TO THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1977, WHICH MAKES IT ILLEGAL FOR EMPLOYERS TO DISCRIMINATE ON THE BASIS OF AGE; THE REHABILITATION ACT OF 1973, WHICH REQUIRES FEDERAL CONTRACTORS TO TAKE AFFIRMATIVE ACTION IN HIRING HANDICAPPED PERSONS; AND THE VIETNAM ERA VETERANS' READJUSTMENT ASSISTANCE ACT OF 1974, WHICH SETS FORTH AFFIRMATIVE ACTION REQUIREMENTS FOR HIRING VETERANS. SEPARATE SECTIONS EXAMINE THE BACKGROUND, ENFORCEMENT MECHANISMS, AND IMPACT OF EACH LAW, TOGETHER WITH RELATED COURT DECISIONS AND PROCEDURAL ISSUES. EMPHASIS IS PLACED ON HOW THE LAWS HAVE BEEN APPLIED IN PRACTICE, ON QUESTIONS OF PUBLIC POLICY, AND ON THE EXPERIENCES OF EMPLOYERS IN COMPLYING WITH THE LAWS. PARTICULAR ATTENTION IS DIRECTED TO THE ISSUE OF MANDATORY RETIREMENT, THE SCOPE OF COVERAGE OF THE REHABILITATION ACT, THAT LAW'S IMPACT ON PHYSICAL EXAMINATIONS AND OTHER EMPLOYMENT SCREENING DEVICES, THE LIMITED NEED FOR THE VIETNAM-ERA VETERANS LAW, THE COSTS INVOLVED IN ENFORCING THE LAWS, AND AGENCY OVERLAP IN THE ADMINISTRATION OF FEDERAL ANTIDISCRIMINATION LAWS. THE WISDOM OF ASSUMING THAT INEQUALITY IN EMPLOYMENT OPPORTUNITIES IS MERELY A MATTER OF FAILED ENFORCEMENT IS QUESTIONED. THE POSSIBILITY OF FOCUSING PUBLIC POLICY ON THE CREATION OF REAL OPPORTUNITIES FOR DISADVANTAGED GROUPS, RATHER THAN ON THE EXPANSION OF LEGAL BOUNDARIES, IS RAISED. APPENDED MATERIALS INCLUDE COPIES OF THE LAWS AND SUMMARIES OF THE STATUS OF STATE LAWS PERTAINING TO AGE DISCRIMINATION AND THE HANDICAPPED. SUBJECT AND CASE INDEXES ARE PROVIDED. SEE NCJ-59551 FOR A SUPPLEMENT.