2004
DOI: 10.1007/s10551-004-1778-0
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Age Discrimination in Layoffs: Factors of Injustice

Abstract: This paper considers two sets ethical obligations owed by a firm and its management to stockholders and employees with respect to layoffs. Literature and research from ethics and agency are used to frame ethical issues that pertain to age discrimination in layoffs. An actual court case provides an example for focus, analysis, and discussion. Points of discussion include management's obligations to employees and factors of injustice related to prejudice against age.

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Cited by 12 publications
(9 citation statements)
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“…Empirical work in this regard points to structural aspects of employment, evaluation, and bias that expose racial/ethnic minorities to discretionary and unequal treatment on the job-unequal treatment reflected in persistent differentials in job positioning and mobility (e.g., McBrier and Wilson 2004;Wilson 1997), pay and rewards (e.g., Cancio, Evans, and Maume 1996;Grodsky andPager 2001), networks (e.g., Fernandez andFernandez-Mateo 2006;McDonald, Lin, and Ao 2009), and firing (Byron 2010;Zwerling and Silver 1992). Scholars of aging could certainly make a similar case given what we now know about the disadvantages aging workers face in promotions, job assignments and discriminatory layoffs (Berger 2009;Henry and Jennings 2004;Kelley et al 2017;Lassus, Lopez, and Roscigno 2015;Rothenberg and Gardner 2011).…”
Section: Status Vulnerability Discrimination and Sexual Harassment And Workplace Injusticementioning
confidence: 99%
“…Empirical work in this regard points to structural aspects of employment, evaluation, and bias that expose racial/ethnic minorities to discretionary and unequal treatment on the job-unequal treatment reflected in persistent differentials in job positioning and mobility (e.g., McBrier and Wilson 2004;Wilson 1997), pay and rewards (e.g., Cancio, Evans, and Maume 1996;Grodsky andPager 2001), networks (e.g., Fernandez andFernandez-Mateo 2006;McDonald, Lin, and Ao 2009), and firing (Byron 2010;Zwerling and Silver 1992). Scholars of aging could certainly make a similar case given what we now know about the disadvantages aging workers face in promotions, job assignments and discriminatory layoffs (Berger 2009;Henry and Jennings 2004;Kelley et al 2017;Lassus, Lopez, and Roscigno 2015;Rothenberg and Gardner 2011).…”
Section: Status Vulnerability Discrimination and Sexual Harassment And Workplace Injusticementioning
confidence: 99%
“…Relying on diverse data and methods, researchers have amassed evidence of widespread and persistent age‐based discrimination at the individual level. Studies confirm that organizational representatives discriminate against older workers at each stage of the employment process, including hiring (Bendick, Brown, and Wall ; Butler and Berret ; Lahey ; Lassus, Lopez, and Roscigno 2015), training (Simon ), promotions (Adams ; Roscigno, Mong, Byron, and Tester ), and retention (Henry and Jennings ; Lassus et al 2015; Roscigno et al ), as well as within everyday workplace interactions (Chou and Choi ; Johnson and Neumark ).…”
Section: Evidence Of Employer‐side Barriersmentioning
confidence: 98%
“…Institutional decoupling enables organizations to mask discrimination. For instance, organizations craft retention policies that are explicitly rational and performance‐based, but they utilize these policies to terminate older workers at higher rates than younger workers (Henry and Jennings ; Schrank and Waring ). As countries continue to formally outlaw expressly age‐based policies, the organizational imperative to mask discrimination will increase, and the incidence of age‐based institutional decoupling will likely grow.…”
Section: Evidence Of Employer‐side Barriersmentioning
confidence: 99%
“…In acute economic crisis, even large organizations may resort to a reactive way of work where saving personnel expenses becomes an urgent and even discriminatory issue. In 1997, a large U.S. defense contractor, Ashford Aeronautical, had completed its major defense contracts; unexpectedly, they were not renewed (Henry and Jennings, 2004). It was decided by senior management that the work force must be downsized to meet the current year's strategic profit plan objectives.…”
Section: The Passive Organizationmentioning
confidence: 99%