Learning Not Litigating Essay

Introduction: With the average age of working employees increasing, the amount of people covered under the Age Discrimination in Employment Act (ADEA) has also grown. With the rise in workers over the age of 40, there has been some indiscretion in regards to the training or lack of training made available to this group. This paper gives an in depth analysis of the findings of Todd J. Maurer and Nancy E. Rafuse in their article Learning, not litigating: Managing employee development and avoiding claims of age discrimination. The article addresses ways to avoid lack of training by creating an environment conducive to continuous learning which promotes employee growth and add value to the employer. The ways older workers have been denied and discouraged from training is explained as well as how the legal ramifications of these actions could hurt an organization. Because of the potential prevalence of age related discrimination, the definitions of terms, conditions and privileges of employment have been defined and may become increasingly actionable. Maurer and Rafuse detail how age discrimination can be avoided in training and development practices. Bringing change and evolution to and organization’s training practices through the use of top-down management training in an attempt to change culture and policies, decisions about who is trained, the supervision of development and bringing awareness to the potential effects of stereotypes. Topic Discussion: Training and Development Opportunities Are Increasingly Important to Today’s Workers Training and developmental activities are of paramount importance when it comes to keeping a company’s workforce competent. For this reason it is important to not only implement training but to also vary the training exercised as there are many forms and people learn in different ways. A few examples listed by Maurer and Rafuse include (but are not limited to) correspondence courses, independent reading, viewing videotapes, technology-based training, job rotation, special committees, and coaching (Maurer & Rafuse, 111). Training becomes important to the older workforce as technological advances occur as well as other innovations alter the way that businesses operate. Because of the ever-changing workplace it is necessary for employees to receive training so that they may adapt and thrive in their working environments. It is not a lack of ability or ignorance to change that is hurting the aging population, it is a lack of employer-provided training that can prevent the growth and progression of an employee. This is why continuous learning has become a prominent factor in the careers of older workers. As business practices change the way an organization operates, the organization needs to increase the amount of training 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 learning and how it means that employers support employees’ growth by providing them with the opportunity to develop themselves and to stay technologically current (Noe, 53). This type of environment, especially in a telecommunications company, is important to not only employee growth but also to company growth as the more employees who possess skill and knowledge will likely increase positive 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 environment has evolved. Maurer and Rafuse allude to this by stating, â€Å"While mid- and late-career stages used to be viewed as periods of maintenance in which workers could avoid learning many new things, most workers now need to continuously learn and adapt† (Maurer & Rafuse, 112). Employees no longer have the ability to simply use what they know until they retire; employees are required to constantly experience gains in knowledge and skill to competitive and productive. The workplace is always changing and brings new challenges which increase the competition for jobs as employers want more knowledgeable and experienced 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 access to training Not involving older workers, by failing to nominate, select, or inform them of opportunities to partake in training or development can be seen 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 employee’s manager or a member of human resources, may deny additional training to older workers based on the idea that older workers cannot learn or do not want to learn. Also, if it is believed that an older worker will retire soon, decision makers may be unwilling to provide training to this employee under the assumption that it will reduce the company’s returns on investments. In a study completed by the Department of Labor, 55-64 year old workers are only 1/3 as likely 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 (Armstrong-Stassen, & Cattaneo). Fewer job growth opportunities 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 analyze whether this may be a result of discriminatory treatment, the combination of a denial of training and comparatively different treatment of younger works (ex: younger workers receive training while older workers are denied the same training) can be legally supported as age discrimination. Because of the company’s failure 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 must also’ (Maurer & Rafuse, 113). Older workers discouraged from training A less 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 belief held by various individuals, and this belief can affect the perceived 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 understanding new technologies’ in a survey featuring HR executives as the respondents (Maurer & Rafuse, 114). Organization behavior literature has suggested that negative stereotypes may indirectly affect the behavior of older workers by influencing their ideas of what is normal aging behavior; this can lead 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 fellow older workers lack the ability and/or desire 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, personal 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-environment 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 Legally 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 closely 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 employee’s success or failure (termination) within the workplace. Denying or discouraging older workers access to training or development opportunities would then been seen as more ‘severe’ or ‘intolerable,’ which would lead to more legally actionable hostile-environment and constructive-discharge claims (Maurer & Rafuse, 115). Avoiding Age Discrimination Avoiding 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 mandate the use of job relevant criteria for decision making. 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 evaluate their susceptibility to age discrimination litigation: culture 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 focus on differences in access and encouragement. Culture and Policies Opportunities within a company must not be distributed based on anything except job related criteria. By establishing policies that avoid discrimination, a company’s 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 intentional or unintentional age discrimination. This examination will help 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 Decisions The decision making process for allocating the limited training and development 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 possible. This will help managers identify motivated employees and provide justification if it is later needed (Maurer & Rafuse, 117). All 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 company’s performance from the macro perspective. Research has shown that a company’s performance can significantly change, even within a single 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 discriminate 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). Supervision and Support Developmental Relationships Beyond having policies that layout proper training and development protocol, managers need to recognize the importance of supporting and encouraging all employees equally. Companies might consider making managers responsible for meeting training and development involvement goals (Maurer & Rafuse, 118). Higher level managers should be receiving feedback from employees on the status of their development needs. This could be used as part of an evaluation that measures a manager’s effectiveness (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 becoming 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 ADEA The 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 create 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 worker’s ability to grow and be a good investment for the company. Class Questions: * Can 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? Bibliography: Iddekinge, Chad. â€Å"Effects of Selection and Training on Unit-Level Performance.† Journal 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 Management Development, 29(4), 344-363. doi: http://dx.doi.org/10.1108/02621711011039150 Maurer, Todd J., and Nancy E. Rafuse. â€Å"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 Professional 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 – 418 United State Senate: Special Committee on Aging. (2011). Retrieved from website: http://aging.senate.gov/issues/olderworkers/index.cfm