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Disparate treatment "claim"

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Please help me with:

(1) Present a convincing disparate treatment claim of someone being discriminated against based on age
(2) Present a rebuttal to that affect (of the disparate treatment claim).

Please provide me with an example in detail using at least 900-1000 words.

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The answer to this problem explains disparate treatment claim. The references related to the answer are also included.

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(1) The disparate treatment claim is that of Michael Thomas, a senior supervisor in my company. Michael had joined the company as a foreman when he was 30 years of age, since then he had three promotions 'till he reached the position of senior supervisor at the age of 40. The next position was that of manager and he was required to write an exam consisting of math problems and puzzles. These problems were easily solved by younger supervisors and Michael did not get any promotion for the next five years. The performance evaluation of Michael was excellent every year and his supervisors had not complained against him. When Michael made inquiries in the company he found that none of the supervisors above the age of 40 had passed the written exam during the last five years. He suspected age discrimination. He made a claim for disparate treatment on the grounds that the test being conducted for the post of the manager was not directly related to the responsibilities of managers. He claimed that the practice of administering a written exam in math and puzzles caused disparate impact on the basis of age. He claimed relief under The Age Discrimination in Employment Act of 1967. He felt that he had been discriminated against in promotions. His stand is that after he reached the age of 40 he has been discriminated against for promotion. Since our company employs more than 20 employees, the provisions of ADEA apply. According to Michael there is no age specified ...

Solution provided by:
Hatim Baxamusa, MBA
Education
  • BSc , University of Calcutta
  • MBA, Eastern Institute for Integrated Learning in Management
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