Age Discrimination Case
Summary
John is a 63-year-old candidate with solid experience for the sales position at FASTCARS, Inc. While he completed the required math and general aptitude tests, he was subsequently disqualified from consideration. John believes he was discriminated against because the company’s clientele consists of professionals in their 30s.
Analysis
First of all, he should know that employment discrimination occurs when people are treated unequally or unfairly due to their individual characteristics unrelated to a position’s skills, requirements, and duties (Jennings, 2022). Therefore, the man should prove that the results of completed tests demonstrate that he has all the necessary knowledge and skills to be considered an applicant
For employers who provide qualification and aptitude tests to potential candidates, several requirements should be addressed. According to Jennings (2022), the testing system should be applied equally to all individuals to assess their professional competencies, regardless of their individual characteristics. Thus, if John was asked to take tests while other applicants avoided them, it is possible to assume he was discriminated against.
Moreover, the employer should approve the validity of tests within the framework of their relation to successful job performance (Jennings, 2022). First of all, their content should correspond to a position’s requirements. Moreover, an applicant’s scores should be compared with employees’ results to assess the level of their competency fit (Jennings, 2022). Therefore, John should request his test scores and their correspondence with current employees’ outcomes to ensure that they do not allow the man to be considered as a candidate. Otherwise, his exclusion, regardless of his appropriate scores and experience, demonstrates discrimination.
Sexual Harassment Case
Summary
As a new employee unfamiliar with colleagues’ peculiarities, Tom files a sexual harassment lawsuit against the company for Leo’s actions. However, Leo, a manager who hugs employees every morning, is mentally challenged. While the majority of employees understand his condition and its associated limitations, and the organization is making efforts to change Leo’s behavior, Tom is determined to succeed.
Analysis
According to Jennings (2022), in the present day, two primary forms of sexual harassment exist, including quid pro quo and an atmosphere of harassment and discrimination. In quid pro quo cases, “someone in a position of authority in the workplace has made sexual advances to an employee that carry the threat of employer sanctions if the employee does not accept the advances” (Jennings, 2022, p. 770). In turn, the atmosphere of harassment presupposes the creation of a hostile working environment through suggestions, invitations, the publication of humiliating pictures, and the use of offensive language.
According to these descriptions, Leo’s behavior could be classified as a contribution to a culture of harassment, as he did not target any particular individuals. However, harassment should be based on a person’s deliberate intention to attract others and the understanding of their actions. However, Leo is mentally challenged, and from a personal perspective, his mental state may hinder Tom’s lawsuit and negatively affect its outcomes.
At the same time, for the company, it is essential to prove that Leo’s mental issues affect his perception of reality. In other words, it should be clarified that the manager does not link his hugs with sexual desire or intentions to offend employees. At the same time, the organization should continue to address Leo’s behavior, and other employees should calmly respond to his actions if they cause discomfort, rather than ignore them because of his limitations.
Reference
Jennings, M. M. (2022). Business: Its legal, ethical, and global environment (12th ed.). Cengage Learning.