Age discrimination is unfair, however you cannot deny that the amount of "doctoring" someone 61 can do is incomparable with what someone 26 can do. The brain's ability to learn new things declines with age and someone at the age of 61 is going to have a difficult time learning medicine from scratch (for the skeptics, medicine is like learning a new language, how easy is it for a 60 year old to learn a new language vs a 20 year old).
I disagree with age discrimination below a certain age, but people looking at medical school over the age of 40 just aren't going to be able to put out the same output as someone at the age of 22 over their lives. There are some exceptions. This is nothing like race because while age does have real consequences, race is just the color of your skin literally and does not have any effect on your ability to perform.
This may sound harsh, but as far as i'm concerned he is just a novelty doctor, good for him but I wouldn't want him as my physician. I am glad he is doing spinal manipulations now.
IMHO, there are 2 ways to argue about age discrimination
1. based on U.S. Laws (which is relevant in this case)
2. based on philosophy/moral/ethics
First, arguments based on laws are technical.
Age discrimination in any activity or program which receives Federal Financial Assitance is generally illegal and prohibited specifically by The Age Discrimination Act of 1975.
There are
two exceptions: 1
. Normal operation or statutory objective of any program or activity, 2. Reasonable factors other than age. The
burden of proof is fallen on the recipient of Federal financial assistance (e.g. most colleges/universities/medical schools).
*If adcoms want to claim exception #1, i.e. Normal operation or statutory objective of any program or activity,
110.12 Exceptions to the rules against age discrimination: Normal operation or statutory objective of any program or activity.
A recipient is permitted to take an action otherwise prohibited by 110.10 if the action reasonably takes into account age as a factor necessary to the normal operation or the achievement of any statutory objective of a program or activity. An action reasonably takes into account age as a factor necessary to the normal operation or the achievement of any statutory objective of a program or activity, if --
(a) Age is used as a measure or approximation of one or more other characteristics;
Med school addcoms would have to declare, define and use Age as a measure or approximation of one or more other characteristics that are considered in the admission process. What characteristics of the applicants that adcoms want to use Age as a measure or approximation of, Physical Abilities/Mobility/Stamina, Mental Ability/Stamina, Academic Performance, Clinical Performance, Numbers of Potential Years of Service after graduation, Numbers of Potential Patients that the person can serve as a physician, etc ?? that can qualify the condition (b), (c), and (d) as stated below,
(b) The other characteristic or characteristics must be measured or approximated in order for the normal operation of the program or activity to continue, or to achieve any statutory objective of the program or activity;
(c)The other characteristic or characteristics can be reasonably measured or approximated by the use of age; and
(d) The other characteristic or characteristics are impractical to measure directly on an individual basis.
(Authority: 42 U.S.C. 6103)
http://www2.ed.gov/policy/rights/reg/ocr/edlite-34cfr110.html
IMHO, itt is hard to satisfy all these above conditions for adcoms to claim exception #1
For an example, let's assume that Age is used by adcoms to measure or approximate an applicant's Physical Ability and Mental Ability based on broad generalization that a person's Physical Ability and/or Mental Ability is declining with Age for the reason that declined Physical Ability and Mental Ability affect the person's ability to function as a medical student and a doctor in the future. Bc it is the burden of proof is on the school/adcom to prove that this generalization is true to be reasonable to use Age to measure or approximate Physical Ability or Mental Ability or that Physical or Mental Ability is impractical to measure directly on an individual basic.
Another one, let's assume again that Age is used by adcoms to measure/approxiamate an applicant's Number of Service based on the broad generalization that a person's years of service is reduced and declining with Age. While this approximation based on age might be reasonable, the school/adcom has to prove that age is not interfering the normal operation or statutory objective of the medical school/program or activity (Note:
Statutory objective means any purpose of a program or activity expressly stated in any Federal statute, State statute, or local statute or ordinance adopted by an elected general purpose legislative body).
*If adcoms want to claim exception #2, i.e. Reasonable factors other than age,
110.13 Exceptions to the rules against age discrimination: Reasonable factors other than age.
A recipient is permitted to take an action otherwise prohibited by 110.10 that is based on a factor other than age, even though that action may have a disproportionate effect on persons of different ages. An action may be based on a factor other than age only if the factor bears a direct and substantial relationship to the normal operation of the program or activity or to the achievement of a statutory objective.
(Authority: 42 U.S.C. 6103)
http://www2.ed.gov/policy/rights/reg/ocr/edlite-34cfr110.html
Adcoms are usually secretive about what factors they are used to select candidates for admission (except transparent minimum GPA and standardized test score requirements). However, as more and more older applicants applying to medical schools, it becomes easier to prove that it is statistically significant that a disproportion of older applicants are disadvantageously affected by the admission process. When it comes to court/law suits, according to the laws here, it is the school(s) that has to tell/explain to the court why older applicant pool is disproportionally affected and what factor that they use that is affecting older applicants and have to prove to the court that this factor "bears a direct and substantial relationship to the normal operation of the program or activity or to the achievement of a statutory objective."
The point is, can adcoms fulfill this burden of proof ??
110.14 Burden of proof.
The burden of proving that an age distinction or other action falls within the exceptions outlined in 110.12 and 110.13 is on the recipient of Federal financial assistance.
http://www2.ed.gov/policy/rights/reg/ocr/edlite-34cfr110.html
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*THE LAWS:
SOURCE:
U.S. Department of Education
Laws & Guidance CIVIL RIGHTS
Know Your Rights
OCR enforces several Federal civil rights laws that prohibit discrimination in programs or activities that receive Federal funds from the Department of Education. These laws prohibit discrimination on the basis of race, color, and national origin, sex, disability, and on the basis of age. These laws extend to all state education agencies, elementary and secondary school systems, colleges and universities, vocational schools, proprietary schools, state vocational rehabilitation agencies, libraries, and museums that receive U.S. Department of Education funds. OCR also has responsibilities under Title II of the Americans with Disabilities Act of 1990 (prohibiting disability discrimination by public entities, whether or not they receive federal financial assistance). In addition, as of January 8, 2002, OCR enforces the Boy Scouts of America Equal Access Act (Section 9525 of the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001). Under the Boy Scouts of America Equal Access Act, no public elementary or secondary school or State or local education agency that provides an opportunity for one or more outside youth or community groups to meet on school premises or in school facilities shall deny equal access or a fair opportunity to meet to, or discriminate against, any group officially affiliated with the Boy Scouts of America, or any other youth group listed in Title 36 of the United States Code as a patriotic society, that wishes to meet at the school.
http://www2.ed.gov/about/offices/list/ocr/know.html
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http://www2.ed.gov/policy/rights/guid/ocr/ageoverview.html
http://www2.ed.gov/policy/rights/guid/ocr/age.html
Laws & Guidance CIVIL RIGHTS
Age Discrimination: Overview of the Law
The Age Discrimination Act of 1975 prohibits discrimination based on age in programs or activities that receive federal financial assistance. The U.S. Department of Education gives financial assistance to schools and colleges. The Age Discrimination regulation describes conduct that violates the Act. The Age Discrimination regulation is enforced by the Office for Civil Rights and is in the Code of Federal Regulations at 34 CFR Part 110.
The Age Discrimination Act of 1975 does not cover employment discrimination. Complaints of employment discrimination based on age may be filed with the Equal Employment Opportunity Commission, under the Age Discrimination in Employment Act.
The regulations under the Age Discrimination Act, however, allow you to file a claim in Federal court under that law only after (1) 180 days have passed since you file your complaint with OCR and OCR has made no finding, or (2) OCR issues a finding in favor of the recipient. In the latter case, OCR will promptly notify you and remind you of your right to file in court.
The Age Discrimination Act of 1975 prohibits retaliation for filing a complaint with OCR or for advocating for a right protected by the Act.
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http://www2.ed.gov/policy/rights/reg/ocr/edlite-34cfr110.html
"TITLE 34 EDUCATION
SUBTITLE B REGULATIONS OF THE OFFICES OF THE DEPARTMENT OF EDUCATION
CHAPTER I OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION
PART 110 NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
....
Subpart B Standards for Determining Age Discrimination
110.10 Rules against age discrimination.
The rules stated in this section are subject to the exceptions contained in 110.12 and 110.13 of these regulations.
(a) General rule. No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
(b) Specific rules. A recipient may not, in any program or activity receiving Federal financial assistance, directly or through contractual, licensing, or other arrangements, use age distinctions or take any other actions that have the effect, on the basis of age, of --
(1) Excluding individuals from, denying them the benefits of, or subjecting them to discrimination under a program or activity receiving Federal financial assistance; or
(2) Denying or limiting individuals in their opportunity to participate in any program or activity receiving Federal financial assistance.
(c) Other forms of discrimination. The specific forms of age discrimination listed in paragraph (b) of this section do not necessarily constitute a complete list.
(Authority: 42 U.S.C. 6101-6103)
110.11 Definitions of "normal operation" and "statutory objective."
For purposes of these regulations, the terms normal operation and statutory objective have the following meanings:
(a) Normal operation means the operation of a program or activity without significant changes that would impair its ability to meet its objectives.
(b) Statutory objective means any purpose of a program or activity expressly stated in any Federal statute, State statute, or local statute or ordinance adopted by an elected general purpose legislative body.
(Authority: 42 U.S.C. 6103)
110.12 Exceptions to the rules against age discrimination: Normal operation or statutory objective of any program or activity.
A recipient is permitted to take an action otherwise prohibited by 110.10 if the action reasonably takes into account age as a factor necessary to the normal operation or the achievement of any statutory objective of a program or activity. An action reasonably takes into account age as a factor necessary to the normal operation or the achievement of any statutory objective of a program or activity, if --
(a) Age is used as a measure or approximation of one or more other characteristics;
(b) The other characteristic or characteristics must be measured or approximated in order for the normal operation of the program or activity to continue, or to achieve any statutory objective of the program or activity;
(c) The other characteristic or characteristics can be reasonably measured or approximated by the use of age; and
(d) The other characteristic or characteristics are impractical to measure directly on an individual basis.
(Authority: 42 U.S.C. 6103)
110.13 Exceptions to the rules against age discrimination: Reasonable factors other than age.
A recipient is permitted to take an action otherwise prohibited by 110.10 that is based on a factor other than age, even though that action may have a disproportionate effect on persons of different ages. An action may be based on a factor other than age only if the factor bears a direct and substantial relationship to the normal operation of the program or activity or to the achievement of a statutory objective.
(Authority: 42 U.S.C. 6103)
110.14 Burden of proof.
The burden of proving that an age distinction or other action falls within the exceptions outlined in 110.12 and 110.13 is on the recipient of Federal financial assistance.
(Authority: 42 U.S.C. 6104)
110.15 Affirmative action by recipients.
Even in the absence of a finding of discrimination, a recipient may take affirmative action to overcome the effects of conditions that resulted in limited participation in the recipient's program or activity on the basis of age.
(Authority: 42 U.S.C. 6103)
....."
http://www2.ed.gov/policy/rights/reg/ocr/edlite-34cfr110.html
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