A Defense Strategy EEOC Violations

A Defense Strategy EEOC Violations

Read “Selected List of Pending and Resolved Cases Under the Age Discrimination in Employment Act (ADEA).” (Links to an external site.) Select two case studies and present a defense strategy as if you were the HR representative for the company that potentially violated EEOC guidelines. Try to explain why the company may be in compliance, or defend the 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.) website.

Case 1

Hutchinson Sealing Systems: (E.D. Mich.) filed 1/20/12 by Indianapolis District Office – The Commission alleges that three charging parties, all project engineers, ages 62, 51 and 48, were laid off by Defendant because of their age. The Commission contends that Defendant, a manufacturer of parts for the automotive, aerospace, defense and marine industries, manipulated its criteria for selecting project engineers for layoff based on age. As a result, the older engineers were laid off instead of the younger engineers.

Defense Strategy

The Age Discrimination in Employment Act of 1967 (ADEA) protects certain applicants and employees 40 years of age and older from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment. In compliance with Act, Hutchinson Sealing Systems bases its employment decision on Reasonable Factors Other than Age. It does embrace  policies and practices that have the effect of harming older individuals more than younger individuals. The three engineers were not laid off because of their age, rather, for reasonable business purposes that cannot be disclosed for privacy motives.

Case 2

Western Energy Services: (D. N.M.) filed 9/29/11 by Phoenix District Office – The Commission alleges that charging parties, ages 61 and 72, were discriminated against because of their age when Defendant failed to hire them for electrician positions. Defendant allegedly determined they were “too old” to perform the job duties despite being the next union members on the hiring list. Despite their vast work experience and qualifications, Defendant hired two lesser qualified electricians in their 20s.