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Discussion: Will Age Discrimination Result in Manager Termination? The Age Discrimination Act of 1967 (ADEA) typically applies to employers who have 20 or more employees and protects workers who are 40 years of age and older. Note that in the United States, people under the age of 40 are not in a protected class due to age. With the advancement toward retirement of the baby-boom generation (those people born in 1941 through 1962), the incidences of age discrimination are increasing. Age discrimination can occur when someone is not hired due to being perceived as “too old” to offer long-term benefits to an organization (disparate treatment), or by posting a recruitment notice that “recent high school graduates needed for entry-level positions” stops an entire group of older individuals from having access to a job (disparate impact).

Date Posted: 23/03/2020
Category: Other
Due Date: 24/03/2020
Instruction
Consider the following scenario: Rachella Ramirez is the Marketing VP for Sunbright T-Shirt LLC (STS). The company makes trendy t-shirts and sells them in mall kiosks, on Amazon, and on Woot.com, throughout the U.S. STS has 250 employees and is rapidly growing. However, the “new product line” division is struggling, and Rachella feels it is due to too many older employees who are not up on the new trends of their customers. She decides to do a few things to fix the problem. Here are her actions: She creates 20 job openings in the new product division. She then directs her recruiting specialist to post the jobs on Indeed, Monster, and on a garment association website, stating that STS is looking for “recent college graduates with product design, marketing, or fashion design” degrees to help design new t-shirts. She sends a note to the current department head of the product design team to downgrade all of his over 55 employees’ performance reviews this year so that none achieve more than a 3 on a 5-point scale. She is overheard by two employees, who are over 55, talking on the phone to the CEO, saying: “I know—that product design team is a real problem. When do you think these baby boomers will ever start retiring?” Then, after a pause: “Don’t worry—I have this figured out.” She puts together a voluntary early retirement package for all workers who are 55 and over, and who have worked for the company for more than 10 years, and sends it out to all of those workers. For each of the workers who does not take the offer, she works with HR to start them on performance plans as a result of their lowered performance evaluations.
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