II. PROPOSED QUESTION:
Will David prevail in his age discrimination suit against ABC?
II. SHORT LEGAL ANSWER:
Yes, David will prevail in his age discrimination lawsuit against ABC because the behavior of the supervisor violated the Age Discrimination in Employment Act (ADEA) enforced by the U.S. Equal Employment Opportunity Commission (EEOC).
III. RESEARCH IN SUPPORT OF YOUR ANSWER
* Jason, a 35 yr. old employee was promoted to foreman while passing over David and has been with the company 2 years.
* David, a 60 yr. old employee has been with the company for 15 years with excellent evaluations.
* The immediate supervisor told David that “Jason is going to ...view middle of the document...
B. EEOC v. Kmart Corporation, et al.
Over the course of 4 years a 70 year old pharmacist was harassed for still working at his age. The pharmacy manager openly professed on several occasions that he was “too old” and “should just retire” and was “greedy” for continuing to work. Kmart settled for $120,000 with the EEOC based on discriminatory remarks made by the pharmacy manager.
C. Wilkerson v. Martin Marietta Corp
In After a lengthy lawsuit filed in early 1994, Lockheed Martin Corporation (owner of Marin Marietta Corp) agreed to settle for $13 million in one of the nation’s largest age discrimination lawsuits on the behalf of 450 former employees who were targets of age discrimination at Martin Marietta. Further, Lockheed Martin is rehiring as many as 2,000 people laid off between Jan 1990 and Dec 1994.
Lockheed Martin is also providing a two year outplacement service for former employees as well as up to two retraining courses per semester up to eight courses.
* The Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older.
* The Civil Rights Act of 1991, which provides monetary damages in cases of intentional employment discrimination.
* The EEOC is currently (and publicly) filing lawsuit against Wal-Mart for Age discrimination based on a store manager harassing and then firing an employee because of age. The man harassed with 54 at the time with inappropriate comments unlike this situation made to the employee from his direct supervisor.
* In an article in 2008 titled “High court eases age-bias lawsuits” the court ruled in favor of fired workers at Lockheed Martin. The very public ruling made it easier for workers to win lawsuits claiming a company policy discriminates against older employees and awarded damages to 17 individuals over the age of 40.
Based on ADEA statute, precedent and the facts provided by ABC’s Employees it is extremely likely that David will be able to provide the EEOC with a prima facie case strong enough to file suit against the company. Taking into account recent precedent set by the...