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Do EEOC Violations Discussions And Reply To Angelas Discussion And Edwards Discussion!!

Read "Case Studies of Age Discrimination in Job Ads (Links to an external site.)Links to an external site.". Select two out of the five case studies and present your defense strategy as if you were the HR representative for the company that potentially violated EEOC guidelines. Try to explain why you may be in compliance, or simply defend your company in lieu of a potential lawsuit. In order to provide a thorough analysis, please use at least two other sources in addition to the official EEOC (Links to an external site.)Links to an external site. website.

Respond to at least two of your classmate’s posts. Select those who have presented a different defense strategy than your own, noting any pros and cons of their argument.

Reply to Angelas Discussion-

I have chosen the case study 1 Steve who is a 67 year old male (EEOC, 2018). Steve wanted to work as a cashier and went to apply for the job as cashier and Steve was told he could not apply for the cashier position. The manager told Steve that he could not apply for the cashier position because he was not a young person and Steve could not lift 25-30 pounds. The HR representative for my company did not violate the EECO guidelines of age discrimination because of placing a job ad. My company should not be liable for any part of how the job ad was placed in the newspaper because the job ad was not printed correctly. The ad was to read needed is a healthy person that can lift 25-30 pounds and the person should have cashier experience.

I have chosen the case study 2 Curtis 57 year old male (EAHRC, 2018). Curtis wanted to be hire as a person that would work as a new waive graphic artist and Curtis needed four years of experience. Curtis was turn down because my companies HR complied with the EEOC guidelines. My company is allowed to hire and firer at well. If I place a job ad that stated the person needs to be 57 years old it is because my health insurance an other insurances will not allow me to hire any more than the certain age and that is why my job ad was put in the new paper ad with a certain age group. I did offer Curtis another position as a new waive graphic in the same building in two weeks but Curtis did not want the job I offer him my company is within EEOC guidelines and is in compliance with the state laws.

References

Equality and Human Rights Commission (2018). Age discrimination. What is age discrimination. United States.

https://www.equalityhumanrights.com/en/advice-and-guidance/age-discrimination.

U.S. EEOC (2018). Age discrimination. U.S. Equal Employment Opportunity Commission U.S.A. Gov. United

States.

https://www.eeoc.gov/laws/types/age.cfm.

Reply to Edwards discussion-

After reviewing caste study 1, my actions are justified regarding the job post that wanted a young applicant due to the federal register guidelines. “To state that an employment practice that has an adverse impact on individuals within the protected age group on the basis of older age is discriminatory unless the practice is justified by a “reasonable factor other than age” (29 CFR 1625.7, 2012). As a human resources representative, it is my duty to dispense funds as needed and find ways to conserve them as well. “Tax legislation, pension plans, Social Security, retirement plans and funding options, tax benefits, and other policies, regulations, and laws are all prominent examples of governmental factors that must be considered in the HR planning process” (Geissler, 2005, p. 2.2). The applicant who feels discriminated against is 67 years old, which makes my actions compliant with the eeoc because I do not have any retirement funds available for this position and individuals begin to retire at 65.

My company can also be defended in a lawsuit with the 47-year-old model who was turned down for a job because of her age. “For the last 23 cycles, the show "America's Next Top Model" has had age limits. You couldn't be older than 27 years old to compete in the reality contest” (Lee, 2017). Even though the model did appear to look young, we market them to appear on magazines, billboards, television shows, calendars and other types of photoshoots. Our business partners including ourselves would consider a model in their 40’s as a risk because the current market tends to enjoy models in their 20’s, which means Cindy was discriminated over her age because of financial reasons.

References

(2012, Mar. 30). Disparate impact and reasonable factors other than age under the age discrimination in employment act. Retrieved from https://www.federalregister.gov/documents/2012/03/30/2012-5896/disparate-impact-and-reasonable-factors-other-than-age-under-the-age-discrimination-in-employment

Geissler, C. (2005). The Cane mutiny: Managing a graying workforce. Harvard Business Review, 83(10), 31–42.

Lee, B. (2017, Apr. 2). Tyra Banks removes age limits for America’s next top model. Retrieved from https://www.forbes.com/sites/brucelee/2017/04/02/tyra-banks-americas-next-top-model-will-no-longer-have-age-limits/#3ca4c2dc4717 (Links to an external site.)

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Case Studies of Age Discrimination in Job Ads Case studies illustrating how job advertisements violate age discrimination laws can be helpful in avoiding legal liability when creating a job ad.

The following case studies demonstrate how the federal Equal Employment Opportunity Commission (EEOC) determines if a job ad is discriminatory against individuals who are at least 40.

Case Study 1

Steve, a 67­year­old man, saw an ad in the newspaper for a cashier at Groceries and More. Their advertisement specified that:

"Applicant must be young and energetic and possess excellent customer relations skills. Applicants who are selected would be required to stand for long periods of time and to lift 25­35 pounds."

Steve contacted the EEOC to institute a charge against Groceries and More.

In this case, the EEOC would find a violation. By use of the word "young," the ad specifically indicates a preference, limitation, specification, or discrimination based on age. Such an ad would almost certainly deter many qualified older persons from applying.

Note that if the same ad appeared with only the word "young" deleted, it would probably be acceptable. Persons of all ages can be energetic and possess excellent customer relations skills. Further, the requirements to stand for long periods and to lift 25­35 pounds are not age­related criteria and, in any event, appear to be legitimate requirements for the job in question.

Case Study 2

Curtis, a 57­year­old graphic artist, claims that Sell­It Inc., an advertising firm, has discriminated against him based on age by publishing an advertisement that he feels clearly deters older persons from applying. Sell­It's ad stated:

"Young­thinking, 'new wave' progressive advertising firm has openings for entry­level position for graphic artist with no more than four years' experience. We specialize in music videos and broadcast productions for a youthful audience. Our main focus is in the area of animation. Our clients include famous pop and rap stars. If you have fresh, innovative ideas and can relate to our audience, send your resume."

While the ad does not contain explicit age limitations, read in its entirety, it does appear that persons in the protected age group would be discouraged from applying for the position. Sell­It contends that it does not discriminate against older persons and would hire a 70­year­old applicant if he or she is qualified and willing to work for an entry­level salary.

However, on further investigation it was found that Sell­It has no employees over 25 years of age. It was also revealed that Sell­It recently turned down two fully qualified graphic artists, ages 54 and 61, who were willing to work at an entry­level salary, even though both possessed more than four years of experience.

In this context, the EEOC would probably take the position that the ad is designed to deter older persons from applying. The EEOC would seek to have Sell­It change the ad to read:

"...young­thinking persons of any age with at least four years' experience and willing to work at an entry­level salary."

Case Study 3

Matty, a 45­year­old woman who is actively seeking part­time employment, contends that she was deterred from applying for a position because of the employer's ad. Clean Clothes, a local laundromat, advertised in the newspaper as follows:

"Opening for a person seeking to supplement pension. Part­time position available for Laundromat Attendant from 8:00 a.m.­1:00 p.m., Saturday­Wednesday. Responsibilities include dispensing products sold on premises, maintaining washer, dryer, and vending machines. Retired persons preferred."

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This ad limits the applicant pool by indicating a preference based on age. Persons rarely receive pensions or attain retirement status before 55 and frequently not until age 65. Thus, the ad deters younger persons within the protected age group (i.e., persons over 40 but less than 65) from applying. Therefore, it is a violation.

Case Study 4

In response to a labor shortage that exists throughout the southeast region of the country, The Do­It­Yourself Shop, a large home­improvement chain, publishes the following advertisement:

"Wanted: Individuals of all ages. Day and evening hours available. Full­time and part­time positions. All inquiries welcomed. Excellent secondary source of income for retirees."

While the ad mentions "retirees," it is not an illegal age­based discriminatory advertising practice in this instance. Individuals of all ages are welcomed for the employment opportunity. The reference to retirees in the ad does not indicate a preference for this subgrouping of the protected age group. Rather, it notifies them of an opportunity and invites them to participate. The language in this ad differs from the language used in Case Study 3, which suggests that only retired, pension­eligible persons are considered for employment.

Case Study 5

Cindy, a 47­year­old fashion and print model, contends that she has been discriminated against based on age. Beauties, a modeling agency, advertised in the fashion section of the newspaper as follows:

"Experienced models between 21­28 for upcoming fall collection of junior fashions. Applicants must bring a portfolio and references to our Beverly Hills office. Only those persons in the specified age category need apply."

Cindy auditioned and was rejected when the company found out her age. During the investigation, Beauties raised the bona fide occupational qualification defense and stated that the junior collection requires applicants who have a youthful appearance. Beauties further alleges that, traditionally, the junior fashions are targeted to younger women, generally between 18­25.

However, while Cindy is 47, she appears to be 27. In fact, Beauties was in the process of completing the paperwork necessary to hire Cindy when it noticed the date of birth on her driver's license. Beauties can't prove that persons 40 or older have a disqualifying trait that can be determined unless you check the age of the applicant. Therefore, Beauties hasn't proven that age is a bona fide occupational qualification, and its discriminatory ad must be changed.

If an advertisement clearly discriminates on the basis of age, the EEOC acknowledges that the employer can claim that age is a bona fide occupational qualification. In order to establish that age is a bona fide occupational qualification for a particular job, however, the employer must show that all or substantially all individuals excluded from the job are in fact disqualified. If a protected individual can, if fact, perform the job, this would defeat the claim that age is a bona fide occupational qualification.

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