Case Name, Citation, Year
EEOC v. Dillard’s, Inc., North Carolina Eastern District Court, Civil Action No. 5:10-cv-00398 (2011)
Facts of the Case Around November 2008, Dillard’s engaged in unlawful employment practices at its Cary, North Carolina location in violation of the Age Discrimination of Employment Act when it terminated Virginia Keene, a 61 year old woman, from her position ("Dillard 's sued by EEOC for age discrimination", 2010). She was an Area Sales Manager and was in charge of the Children’s and Accessories Departments and oversaw the sales associates who worked in her two departments. While she worked at Dillard’s, her managers repeatedly made verbal remarks to the fact that she was much older than the other five Area
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Ruling No. The North Carolina Eastern District Court ruled that Dillard’s shall pay $50,000 in damages and provide her with front pay and reinstatement.
Decision and Reason An employee bringing a suit must meet the McDonnell-Douglas Test. which came from the McDonnell Douglas Corp. v. Green case and in this case Keene met the requirements. First, an employee must belong to a protected class, in this case Keene was older than 40 years. Second, she also met the qualifications of job. Third, the employee must be rejected or suffer from another adverse job action. Keene was terminated from her job. Last, but not the least, the employer seeks another person with similar qualifications or treats the employee differently. The 61 year old employee was replaced with a 24 year old employee. Also, under the Age Discrimination of Employment Act, Dillard’s has over 40 employees and it cannot fire an employee based on age. While the plaintiff established prima facie, the defendant failed to provide a successful defense or preponderance of evidence (Meiners, Ringleb, & Edwards, 2014, p. 444). It is illegal to make employment decisions based on age.
Personal Reaction to Decision I agree with the ruling. Once older people are out of work, they are unemployed for at least one year on average and if they do find a job, they receive less pay
Facts: Defendant (Kmart) allegedly failed to provide to plaintiff (Lopez) the written wage statements. The availability of the wage statements is required under California labor code. Under the agreement, employment-related issues between the employee and company shall be resolved informally or by binding arbitration. This replaces the right of either party to go to court or have a jury decide the outcome of the claims. Lopez alleges that the agreement was never valid due to the fact that he was a minor when he acknowledged the agreement and is now entitled to revoke his consent.
Liebeck v. McDonald’s, also known as the McDonald’s Coffee Case, is a 1994 product liability lawsuit. This lawsuit became one of the most famous in the US history because after the court’s awarded Stella Liebeck $2.9 million, after she was severely burned by the coffee she brought from McDonald, there were debates over tort reform in the US.
However, the Dillard family may be happy with their jobs, but for as a typical Dillard’s employee were not. Associates are stress out due to the company’s quota they set for their employees. Through surveys of the worst companies, Dillard’s is rated with a 2.6 on Glassdoor and had been for the following five consecutive years in a roll, which groups Dillard’s among the worst companies to seek employment with or be employed with. Dillard’s environment is very subservient by the ways the employees are worked. Short lunch breaks, restrictions on thing that shouldn’t have limits on them or taking away, Dillard’s don’t have any traffic in the store like in the past, and
“The Age Discrimination in Employment Act (ADEA) prohibited employers from discriminating against individuals who were 40-65 years old. The Act pertains to employers who have 20 or more employees for 20 or more calendar weeks(either in the current or preceding calendar year); unions with 25 or more members; employment agencies; and federal, state, and local government subunits”(Mondy, Wayne 2010 pg.62,63). Gelato Cheese Company’s entire cleaning crew is under the age of 30 and that makes them not in compliance with the Age Discrimination in Employment Act law. There are some major changes that need to be made at this company in order for them to not have law suits filed against
The parties in this lawsuit are: Equal Employment Opportunity Commission (EEOC) (plaintiff) and Mims Distributing Company, Inc (defendant), the EEOC is the plaintiff on behalf of Christopher Alston (Lally, 2015). Christopher Alston was a potential employee of the Mims Distributing Company, Inc.
Brooks Pharmaceuticals have to prove that discrimination against these employees was not because of their age. The dismissal of theses employees was solely based on their performance. Failure by the company to prove the fact, there would be legal problems for the organization.
The following essay describes discrimination lawsuits brought up against the Hooters restaurant chain. Employees in Michigan filed suit and said they were discriminated for being overweight while employed as servers. According to Leanne Convery, who was one of the women who fired, she weighed 115 pounds at the time and four-feet-eleven at the time. She was encouraged to take stimulants such as Adderall and appetite suppressants to speed up weight loss (Foley, 2010). Hooters found a way to navigate the discrimination laws using bona fide occupation qualifications (BFOQ).
Case Review: Davis Supermarkets, Inc. v. National Labor Relations Board 2 F.3d 1162 (DC. Cir. 1993)
I definitely believe that the plaintiff has a case based on the presented facts in the article. I think the screening guidelines that the defendant was using created a bias against older individuals. In addition, I think anytime who write on a piece paper “Targeted Candidate” and “Stay Away From” you clearly are creating bias in a process, and in this case, age was affected.
The company is in direct violation of the ADEA of 1967 which states (2)“certain applicant and employees who are 40 years of age and older are protected from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment.” In this case the 68 year old employee could sue the company based on Age Discrimination and win.
The District Court erred in granting summary judgment for Friendly Grocers. The plain language of the ADA mandates reasonable accommodation requires reassignment to a vacant position. Under the 42 U.S.C § 12112(a), employers have duty to not discriminate against any individuals with a disability. (cite) The statute takes one step further by stating that the employers have duty to reasonably accommodate a disabled employee which includes reassignment of the employee to a vacant position for which the disabled is qualified.(cite)
The American population is aging as health care improves, the older generation is living longer and are still working or just getting into the workplace. One of the biggest issues that these older individuals face is age discrimination within the workplace. The Age Discrimination in Employment Act (ADEA) of 1967 forbids employment discrimination on the basis of age. Through a detailed explanation and history of the law, this paper will examine how ADEA affects the professionals in the workplace, human resources, managers, and employers in the workplace. It will further examine how the employee is affected by ADEA. This includes what their rights are and how they can make a complaint. Lastly, a legal case will be examined and evaluated so
Laws against discrimination- Title VII of the Civil Rights Act of 1964 says that no person employed or seeking employment by a business with more than 15 employees may be discriminated against due to their race, color, religion, sex, or national origin (Lee, 1998). This Act
Will Nerds for Hirer (NERDS) be liable for firing females over the age of 45?
Defendant PepsiCo conducted a promotional campaign in Seattle, Washington from October 1995 to March 1996. The promotion, titled "Pepsi Stuff," attempted to persuade consumers into collecting numerous "Pepsi Points" in order to redeem them for merchandise featuring the Pepsi logo. During this campaign, PepsiCo launched a promotional commercial intended for the Pepsi Generation,' in order to gain the largest possible response to help push their campaign. One such commercial shows a well dressed teenager preparing for school simultaneously advertising a t-shirt, leather jacket and sunglasses for various reasonable point values. As the scene