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Management: What are some reasons an employer might give for not offering the wrestling apparel/gear job to this applicant?

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Bella, the new HR Manager, and James, the Training Manager were posting employee legislation posters in the employee cafeteria at Wellness Foods & Apparel. James comments, "I remember when a pregnant woman applied for a job to advertise men's soccer and wrestling clothing/gear and sued when she didn't get the job. The EEOC said she had no case. A few years ago we moved Stan from fitness demos to customer service because he couldn't do the treadmill or lift the big weights anymore. This happened right after his 50th birthday party. There was talk about a discrimination claim, but that never went anywhere. "

Bella asked, "Do you realize that all of the warehouse workers are male and all of the cafeteria employees are female?"

James replies, "What's your point?" Bella waves her hand at the EEOC information they displayed. James shrugs, "I started in the Warehouse and was promoted to this job three years ago. This is the best job I ever had. If you ask anyone else who works here, they will say the same thing."

Please integrate your responses to the following:

What are some reasons an employer might give for not offering the wrestling apparel/gear job to this applicant? Which of the reasons might be most defensible in court?

In your educated opinion, why didn't Stan's discrimination case go anywhere?

What should be done to protect Wellness Foods & Apparel from discrimination charges?

In your discussion be sure to discuss how Title VII, the Age Discrimination in Employment Act, and the terms disparate treatment and disparate impact may or may not apply.

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Solution Summary

This solution discusses the age discrimination in employment act in 1195 words and four references.

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Age discrimination act

There are several acts put in place or documented to ensure that an employee is not discriminated within the workplace environment for example, title VII of the age discrimination act prohibits several actions in addition to intentional discrimination. The other acts involve practices leading to or suggesting discrimination against age, nationality, color, sex or religion. Title VII prohibits sex discrimination specifically covering sexual harassment and pregnancy based discrimination. Under sexual harassment, practices ranging from asking for direct sexual favors to workplace conditions which may create a hostile working environment for an individual in terms of age, religion, nationality, race, color, and disability. Pregnancy based discrimination on the other hand requires that pregnancy and child birth related to any medical condition within a working environment should be treated in a similar manner as any other temporary illness or conditions.

Under title VII, the age discrimination in employment act prohibits three major issues. The first issue addressed is that an age limit may be specified in a circumstance such as in the cases where age has been proven to be a BFOQ (Bona fide occupational qualification) or where discrimination is based on apprentice programs of age, including programs of Joint labor management apprenticeship and finally, the age discrimination in employment act also addresses the cases where aged employees may be denied benefits or the employer may choose to change employees benefits based on age whereby younger employees obtain higher benefits compared to older employees (Lacy 2005).

Discrimination as a result of pregnancy

There are several responses an employer may give for not offering the wrestling/gear job to the pregnant woman such as the pregnant woman will not be able to ...

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