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Discussion ReplyAssignment Instructions
Each reply must incorporate at least 2 scholarly citation(s) in APA format. Any sources cited must have been published within the last five years. Acceptable sources include the textbook, article, video, the Bible, and other scholarly sources.
According to the data, several possible signs of age discrimination call for additional inquiry. One possible term for employer bias based on age (often 40 or older) is “age discrimination.” Possible causes of age discrimination include the following:
· The statement states that I was the only manager anyone could identify who drove an old automobile and did not have a smartphone. The stereotypes associated with one’s age may affect how people interact with them.
· The chief executive officer remarked how I do not present as a company that places a premium on technical innovation and efficiency. It is implied that workers above a certain age who do not fit the ideal profile are being discriminated against.
· The senior vice president of human resources disclosed that some employees felt I was becoming disruptive to the workplace. One theory blames a subtle form of ageism, while another points to generational disparities in socializing preferences and expectations (Corbett, 2021).
· The Chief of Security effectively threatened me with termination without providing me with a fair investigation or due process when he threatened to restrict my access to the building instantly.
The first signs of age discrimination have been presented above; more evidence, such as proof of discriminatory intent or behaviors on the company’s part, should be gathered to support the case.
A lawyer asserting age discrimination under Title VII would need to show the following in order to succeed in court:
· Membership in a protected class: Age discrimination in the workplace is illegal under Title VII of the Civil Rights Act if one is 40 or older (Dugard, 2021). One’s dedication to the ABC Company over four decades warrants this award. This piece of evidence lends credence to the argument.
· Adverse employment action: This term refers to any negative result in the workplace, including but not limited to termination, demotion, or significant changes to terms and conditions of employment. A dismissal is an indisputably negative job action. This data lends credence to one’s argument (Dugard, 2021).
· Discriminatory Motive: One must show that the dismissal had something to do with their age to win an age discrimination claim. The CEO and HR VP may have had discriminatory intent when commenting on age and dependency on technology.
· Establishing pretext: The attorney must show that the reasons ABC Company gave for the termination (such as a perceived image mismatch, challenges in adjusting to new technologies, or a lack of teamwork) were just pretexts to win a case based on age discrimination. Establishing a pretext requires showing that the stated reasons are misleading or inconsistent. The CEO and HR VP’s statements provide plenty of evidence for speculation of discriminatory intent, but it may take more than that to prove a pretext. It is key to gather as much evidence as possible to support their claim, including statements from other employees or witnesses, proof of a pattern of discriminatory acts and related data (Dugard, 2021).
The court may award a former employee damages if he or she successfully sues his or her former employer for age discrimination. Examples could include anything like:
· ABC Company will rehire them in a position similar to their previous one. This therapy aims to speed up the worker’s recovery so they can resume their previous responsibilities.
· “Compensatory damages” (or “compensation”) refer to monetary compensation for intangible losses such as emotional pain, humiliation, and brand damage suffered as a direct result of discrimination. Claiming damages for the humiliation of taking one’s stuff out of a public building is plausible (Corbett, 2021).
· If reinstatement is not feasible nor desired, the terminated employee may be compensated for lost future earnings and benefits by receiving either front pay or lost wages. The worker’s anticipated compensation and benefits are taken into account.
· Back pay: This means the employee will get paid for the time between when they were fired and when the case was settled. The compensation is meant to put the workers back where they were before the discrimination was discovered (Corbett, 2021).
· If an employee can show that their employer acted with malice or reckless disregard for their rights, they may be eligible for punitive damages. The purpose of these fines is to discourage and punish the company’s bad behavior.
The amount of compensation sought would depend on several criteria, such as the severity of the injury, the length of time the worker has been unable to work, the worker’s ability to recoup lost wages, and any compensation caps set by legislation (Corbett, 2021).
Because of the hefty severance payment granted by ABC Company, they may argue in court that there are no grounds for further legal action. However, getting severance pay does not mitigate claims of age discrimination. There are two ways to look at the severance pay:
· ABC Company may assert a defense because the severance payment was granted for no other reason than business necessity. The firm must show that the termination was for good, non-discriminatory reasons unrelated to age to use this defense (Dugard, 2021).
· If the company is paying a large severance package, it may be aware of wrongdoing or trying to avoid legal action. It does not prove anyone did anything illegal, but it might assist one in arguing that they were treated unfairly (Dugard, 2021).
An individual’s right to file a lawsuit could be affected by the provisions of the severance package, such as a release of claims or a confidentiality agreement (Dugard, 2021).
The Bible teaches that it is important to avoid discrimination for any reason since God does not show any form of favoritism. Romans 2:11 says, “For God does not show favoritism”. As Christians, it is important to follow in the footsteps of God in actions as well as in words. It helps in creating a conducive environment for all.
Corbett, W. R. (2021). Cross-Statute Employment Discrimination Claims and the Need for a” Super Statute.” Wash.
UL Rev., 99, 1773.
Dugard, C. (2021). Busting Their Walkers for Tips: Age Discrimination, the Elderly, and the Restaurant Biz.
Elder LJ, 29, 219.
King James Bible. (2023). King James Bible Online. (Originally published 1979)
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