Legal Research Paper

1735 Words7 Pages
Elizabeth Gomez

Saratoga Hostel v. Avila (2009)

In 1999, Maria Avila was hired as a housekeeper by Saratoga Hostel; she was 42 years old. Her duties included: cleaning twelve rooms a day, doing some laundry, and cleaning the hallways as well. Due to the economic crisis of 2009, Saratoga Hostel hired a new business consultant to find ways to reduce costs and personnel. The housekeeping department let go 3 of their 10 employees. The manager then decided to train all employees to clean 14 rooms per day instead of 12. When the training was over, 3 employees could not handle the pressure of the new routine, Avila was of them. These three employees were given another week of training. After that week, when
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Google, while they can be enough to file a claim, are not by themselves enough to prove age discrimination. Reid was fired for not being a “fit” to Google’s culture; Avila was terminated because she was not a fit to the new Saratoga Hostel’s performance standard policy. Under FEHA, the employer is required to establish that its practice is justified by business necessity. In Avila’s case, Saratoga Hostel can prove that under the new business plan, the company was forced to change their performance standard in order to stay in business.

In Earl v. Nielsen Media Research, No. 09-17477 (9th Cir. Sept. 26, 2011) Christine Earl was hired by Nielsen Media, Inc. (“Nielsen”) in 1994 at age 47. She worked for 12 years as a Membership Representative, or “recruiter” until her termination. Nielsen committed three company policy violations before being placed in Development Improvement Plan (“DIP”) in February 2006. The “DIP” “stated that her failure to meet company expectations in the future “may result in the implementation of the disciplinary process,” a “PIP” “states that failure to meet expectations may result in further disciplinary action up to and including termination.” At no point during her time at Nielsen was Earl placed in a Performance Improvement Plan (“PIP”.) The same year, Earl’s supervisor prepared Earl’s annual performance review and wrote “Overall,

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