Age Discrimination In Employment Act Of 1967
The
Introduction:
Age discrimination in the workplace is more prevalent than many would care to believe. Older workers tend to be more expensive and take more time off from work, with this in mind it is not surprising that age discrimination has become one of the most common forms of discrimination in employment. While this form of discrimination is technically prohibited by statute, it is also by far the most difficult to enforce. Age discrimination differs from most discrimination laws in the fact that it must be proven that age was the dominant factor as opposed to simply being a factor. In this paper I will analyze the Age Discrimination in Employment Act of 1967 by exploring its history, and analyzing four unique cases filed …show more content…
Company management did not fill the position instead they assigned Monaco’s responsibilities to Robert Shaw vice president that covered the west region. Robert Shaw was 55 years old at the time. In 2000, AGAC hired Tom Mckellar who assumed Monaco’s former duties in addition to other senior management duties. Monaco filed suit claiming age discrimination in 2001.5
Monaco’s case show a unique aspect of the age discrimination laws in the United States in that many states have differing requirements of proof. Monaco’s case was tried in New Jersy under the New Jersey Law Against Discrimination (NJLAD), under which Monaco contended that prima facie requirements are less rigid in their application.
While it was established that Monaco met the first three requirements of a prima facie case the court granted the defendants motion for summary judgment because Monaco was unable to meet the fourth condition and prove that his age was the decisive factor in his dismissal.6 As mentioned earlier this burden differs from most discrimination laws which allow for race or sex to merely be one of many reasons for job discrimination.7
Zippittelli v. J.C. Penny …show more content…
v. Green, case is often referenced in age discrimination cases for its use of the prima facie burden of proof transfer it is important to understand the origins and story behind this case. The surprising factor about this case is that the case has no bases in age discrimination. The case is instead a case filed against McDonnell Douglas Corp. claiming race discrimination under the Civil Rights Act of 1964, saying that the defendant may have violated 703(a)(1), which prohibits discrimination in any employment decision.18 This case is important as the Supreme Court used it to establish a procedure for cases that rely mainly on circumstantial evidence.19
In the McDonnell Douglas case Percy Green was laid off from his position as a mechanic as part of companywide reduction in workforce. After being laid off, Green took part several illegal demonstrations that included blocking access to other workers at McDonnell Douglas by use of cars blocking roadways and a lock out. Three weeks later McDonnell Douglas placed an ad for a mechanic position. Green applied to the position and was denied employment, for which he filed suit claiming racial
Introduction:
Age discrimination in the workplace is more prevalent than many would care to believe. Older workers tend to be more expensive and take more time off from work, with this in mind it is not surprising that age discrimination has become one of the most common forms of discrimination in employment. While this form of discrimination is technically prohibited by statute, it is also by far the most difficult to enforce. Age discrimination differs from most discrimination laws in the fact that it must be proven that age was the dominant factor as opposed to simply being a factor. In this paper I will analyze the Age Discrimination in Employment Act of 1967 by exploring its history, and analyzing four unique cases filed …show more content…
Company management did not fill the position instead they assigned Monaco’s responsibilities to Robert Shaw vice president that covered the west region. Robert Shaw was 55 years old at the time. In 2000, AGAC hired Tom Mckellar who assumed Monaco’s former duties in addition to other senior management duties. Monaco filed suit claiming age discrimination in 2001.5
Monaco’s case show a unique aspect of the age discrimination laws in the United States in that many states have differing requirements of proof. Monaco’s case was tried in New Jersy under the New Jersey Law Against Discrimination (NJLAD), under which Monaco contended that prima facie requirements are less rigid in their application.
While it was established that Monaco met the first three requirements of a prima facie case the court granted the defendants motion for summary judgment because Monaco was unable to meet the fourth condition and prove that his age was the decisive factor in his dismissal.6 As mentioned earlier this burden differs from most discrimination laws which allow for race or sex to merely be one of many reasons for job discrimination.7
Zippittelli v. J.C. Penny …show more content…
v. Green, case is often referenced in age discrimination cases for its use of the prima facie burden of proof transfer it is important to understand the origins and story behind this case. The surprising factor about this case is that the case has no bases in age discrimination. The case is instead a case filed against McDonnell Douglas Corp. claiming race discrimination under the Civil Rights Act of 1964, saying that the defendant may have violated 703(a)(1), which prohibits discrimination in any employment decision.18 This case is important as the Supreme Court used it to establish a procedure for cases that rely mainly on circumstantial evidence.19
In the McDonnell Douglas case Percy Green was laid off from his position as a mechanic as part of companywide reduction in workforce. After being laid off, Green took part several illegal demonstrations that included blocking access to other workers at McDonnell Douglas by use of cars blocking roadways and a lock out. Three weeks later McDonnell Douglas placed an ad for a mechanic position. Green applied to the position and was denied employment, for which he filed suit claiming racial