Age Discrimination Lawsuit and Case Study - 1027 Words

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 â€Å"Jason is going to places in this Company†. * When David applied†¦show more content†¦There is also the matter of comments made to David from his supervisor regarding Jason’s future with the company and a comment directly related to David’s age which will be difficult to defend under the circumstances surrounding recent publicity with Wal-Mart and Lockheed Martin. These comments are blunt violations of the EEOC’s enforcement of age discrimination in the workplace and will provide further evidence that age was a considering factor in Jason’s promotion. RECOMMENDATIONS It is not my recommendation that ABC wait for the EEOC to perform investigation and file suit against the company. In recent history these proceedings become public affairs and will reflect poorly on ABC and its management regardless of the court’s ruling. ABC’s management should begin mediation with David to prevent suit being filed with the goal of settlement outside of court with ABC’s remedial options including: * Discrimination training for all management positions * Possible dismissal of the offending supervisor pending mediation results with David * Immediate promotion opportunity for David and other age-protected employees * Review and/or additional provisions to the employee handbook regarding ADEA in theShow MoreRelatedWorkplace Discrimination : Tips For Executives, Managers, And Students1261 Words   |  6 Pages David A. Robinson wrote a short book, Workplace Discrimination: Tips for Executives, Managers, and Students to Increase Productivity and Reduce Litigation, in hopes to help managers and future managers avoid illegal discrimination and avoid discrimination lawsuits. 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