Discrimination in the Workplace: Case Study

Discrimination

Employers are prohibited from discriminating against persons aged 40 years and over in hiring, discharge, compensation terms, conditions and privileges of employment {the age discrimination of employment}

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It is unnecessary to impose certain age limits for certain profession if evidence shows the ability to perform certain job significantly.

Thus employers are prohibited against imposing age limits on employees due to there age. An employer is under no obligation to inquire about the age of an employer applying for a job but he can inquire about age in terms of experience.

Identifying age discrimination claims

  • When the employee is 40 plus years or older.
  • The employee performed his job satisfactorily
  • The employer demoted or terminated the employment contract without cause
  • The position was filled with a young employee

The rights if an employee who is discriminated on the basis of age

  • Specific performance , the employer may have to rehire the employee
  • If the employee ought to be promoted then the employer will have to promote him
  • The employee shall be entitled to unpaid wages and damages

Case Study

In Robert D. Frazier v. Nextel Partners, Inc., U.S. District Court, Western District of New York, Mr. Robert Frazier the plaintiff alleged employment discrimination on the basis of age. He was 40 yeas of age and he was employed at NPI at its Rochester office as an inside accountant executive. Frazier was in charge of achieving and establishing sales through inbound/ outbound sales call.

He was in constant contact with current and a potential customer as he handled sales inquires and service request from walk in customers.

Due to a customer’s complain about fraise’s behavior his employment was terminated.

In this case Frazier alleged employment discrimination on the basis of his age among other things.

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It was held.

For a case of wrong full discharge the plaintiff must show that

  • That he was a member of the protected class
  • That he was qualified for the position he held
  • That he was discharged
  • That his discharge occurred to circumstances giving rise to discrimination based on his membership in a protected class.

If one is of the view that he has been discriminated against on the basis of his age, if the matter cannot be resolved he can file a suit with equal employment commission {a federal agency in charge of enforcing age discrimination in the employment act.}

Bibliography

Martha Fineman and Terence Dougherty. {2005}.The New Face of Employment Discrimination, in Feminism Confronts Homo Economicus edited by, Ithaca, NY: Cornell University Press.

David Sherwyn and Michael. {2003).The New Face of Employment Discrimination, in NYU Selected Essays on Labor and Employment Law. Yelnosky, New York.

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StudyCorgi. "Discrimination in the Workplace: Case Study." October 11, 2021. https://studycorgi.com/discrimination-in-the-workplace-case-study/.

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StudyCorgi. 2021. "Discrimination in the Workplace: Case Study." October 11, 2021. https://studycorgi.com/discrimination-in-the-workplace-case-study/.

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StudyCorgi. (2021) 'Discrimination in the Workplace: Case Study'. 11 October.

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