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Employment Law - New Challenges in the Business Environment - Case Study Example

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This paper "Employment Law - New Challenges in the Business Environment" focuses on the fact that Ms Kayte Clark, the Vice President for “Danskin Inc”, is unceremoniously terminated from her employment for granting permission to the union representatives to the company.  …
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Employment Law - New Challenges in the Business Environment
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Download file to see previous pages To a greater extent, the decision she makes can be regarded as a scapegoat to get rid of her since there is enough evidence to show that she is no longer liked by the company. As such, this essay seeks to critically evaluate the law that applies federally under the Age Discrimination in Employment Act (ADEA) as well as ERISA. The essay also seeks to outline the elements she must prove for a prima facie case in each area in question.
Ms Clark is now 53 years which entails that she is protected by the ADEA which stipulates that employees over 40 years must not be discriminated against with regards to aspects such as promotion, employment termination as well as benefits. Under this legislation, the employees are entitled to get their benefits regardless of their age or other physical attributes. The employee’s prima facie case treatment is that of disparate treatment. In this case, there is every reason for Ms Clark to prove age discrimination on the basis of disparate treatment through the use of Title VII case set in McDonnell Douglas Corp v. Green which was adopted in the ADEA. According to the provisions of 20 U.S.C ₰ 623, the employee must prove the four elements going to be discussed below in a bid to persuade the court that she can lay a claim for age discrimination as provided by the Age Discrimination in Employment Act (Moram, 492).
First and foremost, the employee must prove that she is a member of the protected class. In order to satisfy the requirement for this prima facie case, there is a need for the employee to prove that she is over 40 years old. As noted in the case, Ms Clark is 53 which means that she satisfies this requirement. Conditions surrounding the termination of her employment posit to the effect that she has not been treated fairly given that a lenient or lighter decision could have been taken. As seen in the case study, there are other factors such as her disability which has contributed to the kind of treatment she is exposed to in the organisation.   ...Download file to see next pagesRead More
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