Zippittelli v. J.C. Penney Company, Inc.
Zippittelli v. J.C. Penney Company, Inc. The plaintiff, who is 63 years old, brought this employment discrimination suit against her employer, J.C. Penney, after the company failed to promote her to the position of shift operations manager at the company 's Moosic, Pennsylvania Customer Service Center. She alleged violations of the Age Discrimination in Employment Act Title VII of the Civil Rights Act of 1964. She brought these claims against both the company and the PHRA claims against her supervisor at the Moosic center, James Johnson. She was the first associate hired at the new Customer Service Center in Moosic. James Johnson became personnel manager at the facility in March 1990.…show more content…
• The Plaintiff made no formal complaint of age discrimination immediately after hearing this comment, (Twomey, 2010, pg 527) The Plaintiff contends that she has direct evidence of the discrimination in the comment made by Anita Benko that she would “probably get a job after plaintiff revealed to Benko her age ( Twomey, 2010, pg 528). The discrimination was blatant in this case. The Age Discrimination in Employment Act prohibits discrimination against an individual over age of 40 with respect to “compensation terms, conditions, or privileges of employment, because of an individuals age.( Twomey, 2010, pg 528)
2. Was the fact that the plaintiff had better performance evaluations than the younger worker promoted to the job evidence of discriminatory intent because of age? • The fact that Anita said that the plaintiff will probably get job with the fact that the plaintiff had performance evaluation than the younger woman awarded the promotion led the plaintiff to expend emotional and financial recourses pursuing this ADEA claim in federal court. (Twomey, 2010, pg. 525)However, when analyzed by the court under a “direct evidence of discrimination “theory and under the McDonnell Douglas model, she had no case. (Twomey, 2010, pg. 525)
3. Was Benko’s remark that the plaintiff would “probably not get the job” when the plaintiff