Beatrice McCormick has been a cashier for The Long and the Short of It (“L&S”) s

Question

Beatrice McCormick has been a cashier for The Long and the Short of It (“L&S”) since the store opened 6 years ago. Beatrice is approaching age 70. Tom Long and Mark Short have been urging her to retire, but so far they have had no luck. It seems Beatrice’s life revolves around her work. Her children live far away, and she has no hobbies. Tom and Mark ask Susan North, their attorney, if there is any way they can force Beatrice into retirement.
Susan asks them about Beatrice’s job performance. Tom and Mark explain that Beatrice is extremely competent. However, Beatrice’s age and appearance do not fit the youthful and up-to-date image that L&S wishes to project. They recently hired 19-year-old Tanya. Beatrice is training Tanya. Tom and Mark plan to make the switch in 2 weeks.
QUESTION:
1. What argument might L&S make that the termination of Beatrice does not constitute age discrimination? What argument might Beatrice make that her termination constitutes age discrimination?
2. Do you believe that the termination of Beatrice would constitute age discrimination? Why or why not?
3. What policies should the organization put in place to avoid potential liability in situations such as this? Beatrice McCormick has been a cashier for The Long and the Short of It (“L&S”) since the store opened 6 years ago. Beatrice is approaching age 70. Tom Long and Mark Short have been urging her to retire, but so far they have had no luck. It seems Beatrice’s life revolves around her work. Her children live far away, and she has no hobbies. Tom and Mark ask Susan North, their attorney, if there is any way they can force Beatrice into retirement.
Susan asks them about Beatrice’s job performance. Tom and Mark explain that Beatrice is extremely competent. However, Beatrice’s age and appearance do not fit the youthful and up-to-date image that L&S wishes to project. They recently hired 19-year-old Tanya. Beatrice is training Tanya. Tom and Mark plan to make the switch in 2 weeks.
QUESTION:
1. What argument might L&S make that the termination of Beatrice does not constitute age discrimination? What argument might Beatrice make that her termination constitutes age discrimination?
2. Do you believe that the termination of Beatrice would constitute age discrimination? Why or why not?
3. What policies should the organization put in place to avoid potential liability in situations such as this? Beatrice McCormick has been a cashier for The Long and the Short of It (“L&S”) since the store opened 6 years ago. Beatrice is approaching age 70. Tom Long and Mark Short have been urging her to retire, but so far they have had no luck. It seems Beatrice’s life revolves around her work. Her children live far away, and she has no hobbies. Tom and Mark ask Susan North, their attorney, if there is any way they can force Beatrice into retirement.
Susan asks them about Beatrice’s job performance. Tom and Mark explain that Beatrice is extremely competent. However, Beatrice’s age and appearance do not fit the youthful and up-to-date image that L&S wishes to project. They recently hired 19-year-old Tanya. Beatrice is training Tanya. Tom and Mark plan to make the switch in 2 weeks.
QUESTION:
1. What argument might L&S make that the termination of Beatrice does not constitute age discrimination? What argument might Beatrice make that her termination constitutes age discrimination?
2. Do you believe that the termination of Beatrice would constitute age discrimination? Why or why not?
3. What policies should the organization put in place to avoid potential liability in situations such as this?

Explanation / Answer

Q1) The argument that L&S might use in the termination of Beatrice without highlighting the age discrimination factor is that the firm's youthful brand image that it wants to project to its future employees and potential customers as younger age is generally related to high performance and productivity compared to older age group which is considered as unproductive and outdated.

The argument that Beatrice might consider to make her termination as related to the age discrimination factor is that though her competency is unquestionable, the management is suggesting her to retire considering her age only. Her productivity and competency do not reflect that of an employee who needs to be terminated.

Q2) The termination of Beatrice would constitute age discrimination due to the below reasons -

1. Though she is competent to perform the tasks at work just liker her other colleagues, she is being forced towards retirement only due to her age.

2. If the employer has no specific policy on the retirement age of the employees, the case can be attributed to age discrimination.

3. If the services of Beatrice are considered important just 6 years back, making her retire now would only be due to the age factor.

Q3) Below are the policies that the organization should put in place to avoid potential liability in situations like this -

1. Clearly define the retirement age for the various jobs in the firm irrespective of the competency of the employee and her intent to work in her retirement age.

2. Highlight any exceptions, if required.

3. Provide details regarding the retirement benefits in terms of pension, Provident Fund,medical insurance etc.

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