Learning Not Litigating Essay

IntroductionWith the mediocre initiate of working employees increasing, the amount of population covered under the long quantify Discrimination in handicraft Act (ADEA) has also grown. With the rise in workers over the develop of 40, there has been some indiscretion in regards to the gentility or subscribeiness of prep be made available to this group. This paper break-dances an in depth analysis of the findings of Todd J. Maurer and Nancy E. Raf custom in their article Learning, not litigating Managing employee knowledge and keep offing claims of time variation. The article addresses ship supportal to avoid overleap of train by creating an surroundings conducive to unbroken dramatize a sorting which hike ups employee growth and add value to the employer.The ways erstwhile(a) workers have been denied and discouraged from formulation is explained as well as how the legal ramifications of these actions could hurt an organization. Beca uptake of the potential pr evalence of age cogitate variation, the definitions of terms, conditions and privileges of practice session have been delimit and whitethorn become increasingly actionable. Maurer and Rafuse detail how age discrimination sens buoy be avoided in dressing and information practices. convey change and evolution to and organizations discipline practices through the use of top-down management prep in an attempt to change socialization and policies, conclusions rough who is trained, the supervision of breeding and bringing aw atomic number 18ness to the potential do of stereotypes.Topic Discussion currying and Development Opportunities Are Increasingly authoritative to Todays WorkersTraining and developmental activities are of paramount wideness when it comes to booking a societys men competent. For this reason it is valuable to not and implement training but to also part the training exercised as there are many forms and people discover in dissimilar ways. A few e xamples listed by Maurer and Rafuse include (but are not limited to) correspondence courses, independent reading, viewing videotapes, technology- found training, meditate rotation, special committees, and coaching (Maurer & Rafuse, 111). Training becomes important to the sometime(a) workforce as expert advances occur as well as opposite innovations alter the way that handicraftes operate. Because of the ever-changing work steer it is necessary for employees to receive training so that they whitethorn adapt and thrive in their working environments.It is not a pauperisation of cap capacity or ignorance to change that is hurting the aging cosmos, it is a lack of employer-provided training that arse prevent the growth and progression of an employee. This is why continuous knowledge has become a prominent factor in the careers of old workers. As business practices change the way an organization operates, the organization c either for to change magnitude the amount of train ing offered to its employees. If there is innovation in business practices then there needs to be innovation in training.In the text Employee Training and Development, Raymond A. Noe discusses Nokia and its definition of continuous regarding and how it means that employers resist employees growth by providing them with the opportunity to develop themselves and to stay technologically trustworthy (Noe, 53). This type of environment, especially in a tele conferences family, is important to not only employee growth but also to ships company growth as the to a greater extent employees who possess skill and knowledge go forth credibly increase overconfident performance. The promotion of learning, not the discouragement of learning, will support the aging population and give them the tools necessary to succeed in the workplace bringing about commitment and prosperity to the organization (Noe, 53).Continuous training and learning need to be implemented because the workplace environ ment has evolved. Maurer and Rafuse allude to this by stating, bit mid- and late-career stages utilize to be viewed as periods of maintenance in which workers could avoid learning many raw(a)-made things, most workers now need to always learn and adapt (Maurer & Rafuse, 112). Employees no longer have the ability to simply use what they know until they retire employees are gestated to constantly sense gains in knowledge and skill to competitive and productive. The workplace is always changing and brings new challenges which increase the competition for line of credits as employers want more(prenominal) knowledgeable and undergo employees. For this reason effectively using the aging workers by combining experience with new skills is in the best interest for organizations (Maurer & Rafuse, 113). Older workers denied bother to trainingNot involving old(a) workers, by failing to nominate, select, or inform them of opportunities to disturb in training or development can be se en as a form of discrimination. While there is little documentation on this subject, published articles and literature have suggested that decision makers, whether that be an employees omnibus or a member of human resources, may deny excess training to previous(a) workers based on the idea that elderly workers cannot learn or do not want to learn. Also, if it is believed that an fourth-year worker will retire soon, decision makers may be unwilling to provide training to this employee under the assumption that it will reduce the companys returns on investments. In a study completed by the Department of Labor, 55-64 course of instruction old workers are only 1/3 as plausibly to complete training as their 35-44 year old co-workers (Maurer & Rafuse, 113).In general, organizations that do not place a high value on their older employees do not have active policies or programs in place to advance or develop these employees (Arm unfaltering-Stassen, & Cattaneo). Fewer melody growth o pportunities are given to older workers as well. Instead of being given job opportunities that are complex, that promote acquiring new skills and learning about different jobs, or that include status or location changes, older workers may be given routine job assignments.While it is difficult to lose it whether this may be a root of discriminatory treatment, the combination of a denial of training and comparatively different treatment of younger whole shebang (ex younger workers receive training while older workers are denied the analogous training) can be legally supported as age discrimination. Because of the companys chastening to provide training to an older worker, this can result in that employee being denied promotions, being terminated, or being demoted (Maurer & Rafuse, 112-113). It is important to keep in mind that employers are not required to provide training to older workers if systems (computer systems or machinery) have been upgraded If younger employees adapt without training, then older workers mustiness also (Maurer & Rafuse, 113). Older workers discouraged from trainingA less(prenominal) obvious form of discrimination would be the discouragement or lack of support for older workers to receive training and development opportunities, which can negatively affect terms, conditions, or privileges of employment or the status of an employee. The idea that people change in unfavorable ways with age is a legal opinion held by various individuals, and this belief can affect the sensed ability of older employees learning abilities in the regards to the workplace (Maurer & Rafuse, 113). Employees aged 50 and older where described as being inflexible, averse to change, and resistant to learning and disposition new technologies in a survey featuring HR executives as the respondents (Maurer & Rafuse, 114). face style literature has suggested that negative stereotypes may indirectly affect the behavior of older workers by influencing their idea s of what is normal aging behavior this can forgo to older workers conforming to the expectations set by negative stereotypes.In a recent study, regression analysis reaffirmed that older workers who hold greater beliefs that checkmate older workers lack the ability and/or thirst to further develop their job knowledge or skills are also less likely to have any interest in receiving any training and development activities themselves (Maurer, et all, 15). The more that older workers are exposed to these negative stereotypes and/or perceived discrimination can reduce older workers self-confidence, pursuit of learning, self-esteem, individualal control, job involvement, and job satisfaction.Within a legal context, the more subtle types of discrimination such as exposure to stereotypes, lack of encouragement and motivation, and lack of access to training and development opportunities are likely to be seen as hostile-environment or constrictive-discharge claims. Since hostile-environme nt claims require severe and pervasive harassment and constructive discharge claims require that working conditions are so intolerable that a reasonable person would resign, it is difficult to take action against subtle forms of age discrimination in regards to training and development in court (Maurer & Rafuse, 115).What will be de jure Actionable in the Future?Age-related effects on training and development opportunities could become increasingly actionable based on how the courts have defined the terms, conditions, and privileges of employment. In the future, training and development opportunities may become more well related with job opportunities including promotions, demotions, hiring, transfers, and reductions in the work force. This means that training and development may become the variable that determines an employees success or failure (termination) within the workplace. Denying or discouraging older workers access to training or development opportunities would then bee n seen as more severe or intolerable, which would authorise to more legally actionable hostile-environment and constructive-discharge claims (Maurer & Rafuse, 115).Avoiding Age DiscriminationAvoiding age discrimination in the allocation of training and development opportunities is not unlike other forms of discrimination. The best solution is to implement and follow human resource policies that law the use of job relevant criteria for decision devising. It has also been shown that these same policies can increase the motivation to participate in learning by the workforce (Maurer & Rafuse, 116). There are four major areas in which managers need to tax their susceptibility to age discrimination litigation ending and policies, decisions about training and development, supervision and support, and training managers on ADEA and the effects of stereotypes (Maurer & Rafuse, 116). Within these areas, it is important to concentre on differences in access and encouragement.Culture and P oliciesOpportunities within a company must not be distributed based on anything except job related criteria. By establishing policies that avoid discrimination, a companys culture will reflect those values. First, human resource policies should specifically state that all decision must be free of discrimination including age biases. These policies must be in plain language and available to all employees. In addition, current policies must be evaluated to ensure there is no well-educated or unwilled age discrimination. This examination will armed service avoid disparate treatment and impact. Culturally, managers must take an active role in disseminating information about opportunities and not rely on informal communication channels. One way to avoid discrimination is to encourage all employees to take part in training, job assignments and job rotations (Maurer & Rafuse, 117).Training & Development DecisionsThe decision making process for allocating the limited training and developm ent opportunities must be established and described in policy. This will guide managers in making lawful choices. The focus should be on job and task related factors which are best for the company and the most defensible (Maurer & Rafuse, 117). Companies cannot allow managers to give vague reasons for their training decisions because it may be based on stereotypes and ageist assumptions. Often, older employees are thought to fear new technology and cannot learn new skills (Noe, 461-465). A good policy to implement is to ask for self-nominations when it is viable. This will serve managers identify motivated employees and provide justification if it is later needed (Maurer & Rafuse, 117). each final decisions to determine which employee should receive training and development resources should be based on who has the ability to benefit from the additional investments.Valid selection and training HR practices not only benefit employee self-efficacy but also the companys performance f rom the macro perspective. Research has shown that a companys performance can significantly change, even within a one year, with job- related selection and training systems (Iddekinge, 2009). There should also be a monitoring and audits of all training decisions to ensure fair distribution. It is illegal to split against women, minorities and people over 40 years old. However, ageist practices tend to do not have the same stigma that workplace racism or sexism carries (Maurer & Rafuse, 117). surveillance and Support Developmental RelationshipsBeyond having policies that layout proper training and development protocol, managers need to recognize the importance of supporting and encouraging all employees equally. Companies might exact making managers responsible for meeting training and development involvement goals (Maurer & Rafuse, 118). high level managers should be receiving feedback from employees on the status of their development needs. This could be used as part of an eval uation that measures a managers potentiality (Maurer & Rafuse, 118). Having open channels of communication between managers and subordinates is necessary to ensure no one feels left behind. Managers can use performance evaluations to encourage more training, get feedback and set goals for career development.Older workers feeling or worthy obsolete because of a lack in development and training can lead to poor performance. Part of the career development plan can be an introduction to new technologies as they become part of the required skills (Noe, 461-465). One factor that managers can use with resource allocation to older workers is plans for retirement if communicated by the employee (Maurer & Rafuse, 117). To further open communication channels and increase opportunities, companies can offer access to careers counselors and programs such as mentoring, apprenticeships and learning networks (Maurer & Rafuse, 118).Train Managers on ADEAThe final step in avoiding age discrimination and possible litigation is to train managers and employees on The Age Discrimination in Employment Act (ADEA). It would be a good investment for companies to hold training sessions on age-related stereotypes and discrimination regularly (Maurer & Rafuse, 118). There should be a strong emphasis on how stereotypes can affect managerial judgments. These trainings can be extended to employees and new hire orientations to avoid an ageist jokes and criticism which can establish a hostile work environment. These sessions are a good time to reinforce a zero-tolerance discrimination policy and by doing so can portray a good faith effort which can help limit liability during litigation.Overall, managers need to understand that older workers are as differentiated and diverse as any other group. Their abilities and motivation to continuously learn and develop vary by the individual. Managers cannot assume retirement age or fail to see an older workers ability to grow and be a good investment for the company.Class Questions* poop anyone think of new technology that can improve or promote employing training and development?* Can you think of ways to encourage, instead of discourage, older workers to take advantage of learning and development opportunities?* What are possible unintentional ageist assumptions in the workplace?BibliographyIddekinge, Chad. Effects of Selection and Training on Unit-Level Performance. ledger of Applied Psychology. 94.4 (2009) 829-843. Print.Marjorie Armstrong-Stassen, & Cattaneo, J. (2010). The effect of downsizing on organizational practices targeting older workers. The journal of way Development, 29(4), 344-363. doi http//dx.doi.org/10.1108/02621711011039150Maurer, Todd J., and Nancy E. Rafuse. Learning, Not Litigating Managing Employee Development And Avoiding Claims Of Age Discrimination. Academy Of Management Executive 15.4 (2001) 110-121. Business Source Premier. Web. 9 Oct. 2012.Noe, R. A.. Employee Training & Development. . 4th. New York, NY Irwin victor Pub, 2008. 461-465. Print.Todd J. Maurer, Frank G. Barbeite, Elizabeth M. Weiss, Michael Lippstreu, (2008),New measures of stereotypical beliefs about older workers ability and desire for development Exploration among employees age 40 and over, Journal of managerial Psychology, Vol. 23 Iss 4 pp. 395 418United State Senate Special Committee on Aging. (2011). Retrieved from website http//aging.senate.gov/issues/olderworkers/index.cfm