Marcos Diaz
11:29am Mar 16 at 11:29am
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What current laws apply to the case study and why?
The current law that I believe seems to be applied to this case is age discrimination. According to EEOC, "the Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older." The reason this could be age discrimination is since Pam is 40 years old, and Ryan is 49. For this, I believe is the reason he wasn't chosen for the position due to in part that Pam is younger than him.
What does Ryan need provide for a discrimination case? What evidence does Ryan need to prove discrimination occurred?
Ryan would need to provide:
Direct evidence- That the person who conducted the interview made age related comment orstated something to the effect of “you aretooexperienced for this position."
Performance review- Performance reviews can show how well he had been doing the job up until he hit the certain age. There could possibly be negative comments on his performance reviews or positive reviews, depending how he portrayed his character in the workplace.Statements from other managers or employees could highlight how management treating him differently due to his age.
What are the steps Ryan should take, if any, for a discrimination case?
Ryan should document all incidents where age comments were made in the workplace. He should keep notes or a journal of each incident that was made toward him or others in his position.That would help his case, especially if he writes who was there, how it made him feel, on what date and time of it. He should also reach out to his HR department and discuss the situation to see if he needs to file a complaint against his employer. If for some reason the HR department cannot help him, he should attempt to reach out to the EEOC officers and discuss this problematic issue.
References:
Age Discrimination. (n.d.). U.S. Equal Employment Opportunity Commission. Retrieved from
https://www.eeoc.gov/laws/types/age.cfm Links to an external site.
Fenton, M XXXXXXXXXXWays to Prove Age-Based Discrimination in the Workplace. Retrieved from
https://www.wenzelfenton.com/blog/2018/05/14/ways-to-prove-age-based-discrimination-in-the-workplace/ Links to an external site.
Remington, J., Heiser, R. T., Smythe, C., & Sovereign, K XXXXXXXXXXHuman resources law (5thed.). Retrieved fromhttps://content.uagc.edu/books/Remington XXXXXXXXXX
Kassandra Sullivan
6:57pm Mar 16 at 6:57pm
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Hello class,
Although the story states Ryan and Pam's age, I am unsure if Ryan is claiming discrimination on age or gender. Either way, discrimination against age or sex is illegal in the workplace. The Age Discrimination in Employment Act (ADEA) of 1967 protects employees from being discriminated against for their age. As long as the employee states they can complete the job functions, age should not matter. Interestingly, age would be the most significant factor in this scenario because there is a small age gap between Ryan (49 years old) and Pam (40 years old). The Civil rights act of 1991 protects against discrimination on race, religion, color, national origin, disability, or gender. This law would protect Ryan from being discriminated against based on gender.
For Ryan to prove that this was an act of discrimination, he would need to have evidence showing that he was treated less favorably for one of the protected reasons. Remington, Heiser, Smythe, and Sovereign XXXXXXXXXXexplain that the employee must prove that a protected status has been breached. He would need to prove that Pam was chosen for the job not because she was best qualified but because of her age or gender. Ryan would need to prove that he was either more or equally suitable for the position through education, skills, or experience. At my organization, they have taught us that companies can help protect themselves from discrimination violations by taking interview notes on candidates. This way, hiring managers can prove their thoughts behind their decisions.
If Ryan or any employee believes they have been discriminated against, they should first talk to the person who conducted the interview and request feedback on why they were not chosen for the position. Next, they should take their concerns to HR. If the employee is not satisfied, they can make an EEOC complaint.
References:
Remington, J., Heiser, R. T., Smythe, C., & Sovereign, K. (2012). Human resources law (5th ed.). Pearson.