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Essay / Research Paper Abstract
This 3 page paper considers the case supplied by the student where a 55 year old woman losses her job due to a RIF and undertakes the task of replying to her other in which she accuses the company of age discrimination. The paper makes reference to relevant cases. The bibliography cites 3 sources.
Page Count:
3 pages (~225 words per page)
File: TS14_TErifres.rtf
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Unformatted sample text from the term paper:
case supplied by the student an employee loosing their job in a RIF has found out the others have all be over the age of fifty, and as such want
to bring a case against the employee for discrimination on the basis of age. Here we consider an appropriate response, bearing in mind there are two potential routes they may
choose to pursue, either the direct discrimination as the employee was a member of a protected group, or a claim of disparate impact. In replying to the letter the following
may be stated. In response to your letter regarding a former employee Mary. I was with great regret that a RIF scheme was introduced, it is always unfortunately when
there are circumstances under which employees have to leave. As an employer we take the duty to be fair and unbiased very seriously, indeed, it was as a measure of
our commitment and responsibility we feel to our employees that we instigated a severance package, which I am sure you are aware is not required under any statute. Our confidence
in the fairness of the RIF procedures are also reflected in the fact that no release was required by Mary to receive these benefits. As your claim is that
there was discrimination based on Marys age, being over 55 you will also be aware that the burden of proof will rest with yourselves. This is shown in many cases
such as McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802 (1973) and the resulting McDonnell Douglas standard. Whilst she is claiming membership of the protected group, the first requirement,
the elements that remain unsatisfied to bring a case are the qualification for the job, the occurrence of adverse employment action and the circumstances that support an inference of discrimination.
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