Age Discrimination Chapter 2003

Age Discrimination Chapter 2003 - Chapter 4 Age...

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1 Chapter 4 Age Discrimination Copyright 2003 by Charles K. Parsons Opening Scenarios 1. After a bitter proxy vote, a young entrepreneur named Jim takes over the leadership of Future Games, Inc. Shortly thereafter, he calls a meeting of all employees over the age of 50 and tells them that they are going to have a tough time fitting in with his new vision of the company as an innovator of Internet-based interactive video games. He said, “You guys represent the past. It is time to get some new blood to move this stodgy old company into the 21st century”. A week later, half of these employees were fired and replaced with employees who all were under the age of 25. Those older employees who weren’t fired, were demoted and had their salaries cut by 30%. 1 a) Do you think that Jim may have broken any laws in his words and actions? Why? 2. Suppose rather than firing, demoting, or cutting the salaries of any of the older workers, Jim had simply made disparaging remarks about them and to them on a consistent basis. For example he referred to them as ‘those old codgers’, and proposed an afternoon nap for “those grandpas”. The younger supervisors hired by Jim began to mimic Jim’s comments and began to comment on how the older workers “appeared to be slowing down”, “perhaps the company should provide cains”, and so on. Finally, a large group of the workers over the age of 50 quit and filed a complaint with the EEOC. a) Is Jim’s company at risk in this case? b) What are the rights of the older workers in this case? 3. For safety reasons, a company requires that once a year, each production employee pass a strength and dexterity test. If an employee cannot pass the test, he/she is offered a job in sales. Experience has shown that the older a worker is, the less likely he/she is to pass the test. a) Is this company’s testing policy illegal? Why or why not? b) Would the company be in a better position if it simply reviewed accident records for employees rather than test the? c) Do you think the company could simply terminate employees that don’t pass the test rather than offering them an alternative job? If you think that this would be legal, do you think it is a good idea? Why or why not? 4. A 55 year old clerical employee lost her job as part of a corporate restructuring. She was 5 years short of being vested in the company’s retirement benefits plan. She claimed she was entitled to a position in another department that was filled by an external applicant shortly after the employee’s termination. She claimed that the company did not
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2 post the job as required by company policy. Has the company broken any laws? (Henson v. Liggett Group, Inc., 61 F.3d270 (4th Cir. 1995). 5.
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This note was uploaded on 03/13/2012 for the course MGT 3102 taught by Professor Grace during the Spring '10 term at Georgia Institute of Technology.

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Age Discrimination Chapter 2003 - Chapter 4 Age...

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