Assessment 2

Assessment 2 - Employment Laws The McDonnell Douglas Model...

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Employment Laws November 8, 2009 The McDonnell Douglas Model According to Orlow (2009), to prove discrimination case is very hard because direct evidence rarely exist in such cases. In discrimination cases, the question facing triers of fact is both difficult and sensitive. Supreme Court has established a three stage burden shifting framework to sharpen the inquiry progressively in intentional discrimination cases. Under this model, a plaintiff has to first present a prima facie case of employment discrimination. Plaintiff must present that he (1) is 40 years of age; (2) is qualified for the position; (3) was terminated from employment; and (4) someone from other protected class has replaced his position or younger employer. Once the plaintiff establishes a prima facie case of employment discrimination, then the inquiry follows to the second stage where an employer may present some legitimate nondiscriminatory reason. In the third stage, a plaintiff is given an opportunity to provide some competent evidence that the employer’s proffered explanation is pretext. Reeves v. Sanderson Case The Plaintiff is the Reeves who had been working for Sanderson Plumbing for forty years. Sanderson Plumbing, Inc manufactures toilet seats and cover. Reeves job responsibilities were to log employee hours, review daily timesheets and prepare a monthly report. Reeves got terminated when Sanderson allegedly uncovered timekeeping errors and misrepresentations during audit. Reeves sued Sanderson in the District Court of Mississippi in violation of the Age Discrimination in Employment Act. He contended
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Assessment 2 - Employment Laws The McDonnell Douglas Model...

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