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.
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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.
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.)
