Employment Law- Assignment 4 Essay

716 Words Sep 13th, 2015 3 Pages
FACTS

Fifty-five-year-old Sabrina Houston had been working as the Chief Elections Advisor in her county for the last 5 years. She began working at the Elections center as a receptionist after high school, and worked her way up to the top. The Chief Elections Advisor position requires a college degree, and completion of a six-month training course, but this was overlooked as MS. Houston made her way to the top. The Regional Elections Advisor was fired due to the fact the he was not supervising the Elections Advisors on the county level properly. As a result, all of the Chief Elections Advisors throughout the various counties in the state were fired, and they had to reapply for their positions. When Ms. Houston reapplied for her job, she
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Consolidated Coin Caterers Corp., 517 U.S. 308 (S. Ct., 1996), where the court explains that the ADEA “limits the protected class to those that are 40 or older”.



ANALYSIS
As explained by the court in Murphy, in order for someone to prove prima facie case based on age discrimination, Ms. Houston needs to meet the following elements:

he/she is a member of a protected class
he/she is qualified for the position;
that he/she experienced an adverse employment action;
under circumstances giving rise to an inference of discrimination”

Ms. Houston claims that she was fired because of her age. Ms. Houston is 55 years old, therefore she belongs to a protected class under the ADEA (see O’connor). According to the facts, the whole department, were Ms. Houston worked, was fired and she had to reapply for the position, when she reapplied, it was noted she did not have the education required for the position. The Chief Elections Advisor position required a college degree, and completion of a six-month training course, which Ms. Houston did not have. The company decided to not accept Ms. Houston re-application and hired Ms. McIntosh, a 60…

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