Kevin Quinn was a 60-year old engineer who had worked for Mongo Project Corporat
ID: 1222352 • Letter: K
Question
Kevin Quinn was a 60-year old engineer who had worked for Mongo Project Corporation for thirty years. Quinn was approached by Mongo to work as manager of engineering on the Jumbo Project, a two-year project constructing an industrial city in Saudi Arabia. The project was to be performed by Saudi Arabian Mongo Company (SAMCO), a Mongo foreign subsidiary, for the Royal Commission, an organ of the Saudi government. The Royal Commission retained the right in its contact with SAMCO to remove or replace any SAMCO personnel at its sole discretion. Quinn accepted the offer, viewing the position as the final "jewel in the crown" of a successful career. SAMCO submitted Quinn's resume, which included his date of birth, to the Royal Commission, and he was approved for the job.
Before leaving for Saudi Arabia, Quinn signed a "Recital of International Employment Conditions," which stated: "Your assignment is for an indefinite period; and, assuming your performance is satisfactory, the assignment will continue until Mongo advises you that your services are no longer required, in which event you will be given a minimum of four weeks written notice of assignment completion."
When Quinn arrived in Saudi Arabia, he was informed by Michael Hammer, SAMCO's program director for the Jumbo Project, that Quinn was going to have a problem because his grey hair showed that he was "over fifty," and people over fifty were "regarded with suspicion" in Saudi Arabia. (Saudi Arabian law does not prohibit employment discrimination on the basis of age.) Shortly after Quinn's arrival, Hammer received a letter from the deputy director of the Royal Commission stating that Quinn did not satisfy the Commission's requirements and should be replaced as soon as possible. As a result, Hammer immediately took Quinn off the project.
After he returned to the U.S., Quinn was depressed and withdrawn as a result of his dismissal. Mongo offered him many other projects, but he turned them down. Quinn then sued Mongo Corporation, claiming that his employment on the SAMCO Jumbo Project was terminated because of his age.
1. What are the legal issues in this case? If you were the judge, how would you rule? Be sure to cite the relevant law to support your views.
2. Did Hammer and Mongo act ethically? Would you have acted differently? Be sure to support your response with reference to ethical theories
Explanation / Answer
1. Quinn sued Mongo Corporation, claiming that his employment on the SAMCO Jumbo Project was terminated because of his age. The age discrimination in Employment Act (ADEA) is a federal law that consider illegal to terminate an employee who are 40 and above due to the age factor. The law provides the plaintiff the protection against age discrimination. In this case, Kevin Quinn who is 60 year old must gather evidence and documentation after claiming the organization and must go for health insurance as soon as possible.
The company did not evaluate his capabilities and skills but just took Quinn off the project because of the age factor. Every employee has the right to work free from any kind of discrimination. No supervisor or employer can terminate an employee based on discrimination. The right to work free from discrimination applies at every workplace and in every work decision.
However, the project was based in Saudi Arabia. According to law in Saudi Arabia, 60 is considered as the retirement age. Therefore, Hammer received a letter from the deputy director of the Royal Commission stating that Quinn did not satisfy the Commission's requirements and should be replaced as soon as possible. As a result, Hammer immediately took Quinn off the project. If I were the judge, I would definitely sue the Mongo Corporation as the termination offered was based on age discrimination not on work performance. However, according to Saudi Arabia law court, it is not illegal to terminate an employee seeing the age factor. Thus, the Mongo corporation can be considered as guilty. The employment contract terminates at this age unless the corporation and the employee agree to continue to work after this age. Therefore, being the judge, I would advise the corporation as well as employers working in such corporation to not use age based discrimination or any other discrimination about the job performance of an individual working aged 40 and above.
2. Hammer and Mongo did not act ethically. Ethics deal with ideals. Ethics simply show you what is good or bad and what is right or wrong. Ethics determine norms, ideals, standards, values and beliefs. Ethics pass judgment of value upon human actions with reference to the moral ideal. They did not consider his competencies and seeing the age, decided to terminate from the project. This unethical behavior shows that the feelings of individuals working in the corporation do not matter. Every organization must work as a family to grow successfully. If the organization considers the employees as working machines then the company cannot survive for long.
I would have acted differently. After receiving the letter from the deputy director of the Royal Commission stating that Quinn did not satisfy the Commission's requirements and should be replaced as soon as possible, I would not approach to Quinn immediately to took him off the project. I would have talked to the upper management to consider this decision seeing the capabilities and competencies of the individual. It is definitely not right to terminate an employee based on any kind of discrimination. This affects the organizational culture internally as well as externally. If we did not understand our employees, their values and background, there would be lack of coordination between the employer and the employees.
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