List the recognized defenses to a claim of age discrimination.
The most widely recognized defense to claims of age discrimination is reasonable factors other than age or (RFOA). This defense is important for employers facing age discrimination claims based upon seemingly neutral employment actions or policies that have disparate impacts upon older employees. To use this defense employees must determine if their actions are a ...
This solution provides the recognized defenses as outlined by Supreme Court rulings for companies fighting complaints of age discrimination by employees.
Employment Law - Age Discrimination
Julie is a 58 year old engineer of Asian decent. She has mentioned to several co-workers that she may retire in December. Julie is next in line for training which would prepare her for a promotion. The training is scheduled for October. Julie's supervisor, John over hears a group of employees discussing Julie's possible retirement and decides to schedule another employee for the training. John approaches Jack, a 25 year old white male employee, and informs Jack that he will be attending the training. John tells Jack that although Julie is next in line for the training and promotion, sending her to the training would be a waste of time because she is close to retirement and most employees have a difficult time understanding her English. Julie learns that she will not be attending the training and she complains to her supervisor, who tells her he can select any employee he chooses.
1. Does Julie have any claims that she can assert against her employer? If so, what are they?
2. What laws, if any would afford protection to Julie?