Discrimination Essays

Discrimination Essays-50
In age discrimination cases, similar to other discrimination cases the compliant has the burden of establishing a prima facie case.

In age discrimination cases, similar to other discrimination cases the compliant has the burden of establishing a prima facie case.

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The remaining two cases, however dismissal was denied.

All three where consolidated together and brought before the United States Supreme Court to decide if the ADEA could supersede a states 11th amendment rights.

Upon the receipt of the right to sue letter from the EEOC the plaintiff must then file their compliant within 90 days.

History: The Age Discrimination in Employment Act of 1967 was introduced after a recommendation from President Lyndon B.

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. The complaint of this case occurs in 2004 when the plaintiff and three additional women applied for the position of shift operations manager.

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. There were two interviews that were conducted to rank and determine who would be given the position.

In order to meet prima facie requirements and shift the burden of proof to the employer the petitioner must show (i) they belong to the protected class, in this case over 40 years of age; (ii) that they applied for and were qualified for the job; (iii) that despite their qualifications they were rejected; (iv) and after their rejection the company continued to seek applicants with similar qualifications. American General Assurance Company: One important and recent case filed under the Age Discrimination in Employment Act is the case of Robert R. 4 In 1999, Monaco was 53 years old when he was laid off from his position as Vice President of the Eastern Region of the company. For this paper I will focus only on the age discrimination portion of the case.

If the plaintiff is able to establish a prima facie case the burden of proof then shifts to the defendant to provide a rebuttal as to why the plaintiff’s age was not a deciding factor, which then shifts the burden of proof back to the plaintiff to refute the defendants defense. Company management did not fill the position instead they assigned Monaco’s responsibilities to Robert Shaw vice president that covered the west region. In 2000, AGAC hired Tom Mckellar who assumed Monaco’s former duties in addition to other senior management duties. In the case, the plaintiff applied several times for promotions that she felt she was more than qualified for. 8 The plaintiff contends in the case that she was passed over for promotion multiple times and that she on all occasions felt that she was passed over either due to her age, she was 66 at the time of suit, or because of her sex.

Similar to most labor laws and those under Title VII, the enforcement of the ADEA was the responsibility of the EEOC and followed the same procedures as the previously mentioned laws.

Petitioners must first obtain a right a right to sue letter from the EEOC, before filing suit.

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