HR Law and Business - Essay Example

An employer may not include preferences on age, limitations or specifications on age when making an advertisement for any job opening unless there is an express provision for age for the particular job under the bona fide occupational qualification (BFOQ) principle.1 Therefore, the claim by Latino Lawrence High School that they were looking for “energetic” and “flexible” is discriminatory in nature and the school can be reported to law enforcement authorities. Rose Flanagan can report Latino Lawrence High School to the Equal Employment Opportunity Commission (EEOC) for investigations into her claim of discrimination based on age at the work place.

At the EEOC, she must show intent of the employer to discriminate against her based on age at the work place or that the employer has on previous occasions discriminated against others based on age (Miller and Jentz, 2013). Once it is proven that she was wrongfully denied the job position due to discrimination against her age, Rose may be entitled to certain remedies against the employer. If she succeeds, she will be entitled to such remedies like back pay or front pay, hiring, promotion or reinstatement.

In her present case, the most probable remedy would be to be hired as she was the most qualified amongst the applicants to the job. Moreover, in certain instances may be entitled to liquidated damages if it can be proven that Latino Lawrence High School willfully violated the provisions of ADEA or acted in a reckless manner in total disregard of the law. In the present instance, Rose who was more qualified will can report Latino Lawrence High School at the Equal Employment Opportunities Commission (EEOC) and obtain the remedies aforementioned.

In the United States, it is illegal to discriminate against a person at the work place based on their sexual orientation whether homosexual or heterosexual. Therefore, the claim by Down Home Restaurant that they only employ those who demonstrate