1. What would she have to prove to establish a prima facie case of age discrimin

Question

1. What would she have to prove to establish a prima facie case of age discrimination?
2. What would CVS have to prove to defend against her claim?
3. Who do you think would win and why?

endy Drumm, 52, began work in 2003 as a creativ until 2007, when her employment was terminated 1. r for CVS Pharmacy, Inc. ("CVS") and worked irector for umm's immediate supervisor claimed that Ms n Ms Drumm started her job at CVS, there were oblems with her performance from 2003 through 06. The claims of Ms. Drumm's supervisor were based on complaints she had received from CVS employees and business partners about Drumm's professionalism and demeanor. For Drumm's 2005 year-end review her supervisor rated Drumm as "needs improvement. However, Drumm also received a salary increase, a bonus, and some stock options in the company in 2003 through 2006. CVS uses a shorthand system of three names corresponding to the letters C, V, and S to describe its targeted customer base. The name Sophie refers to a customer paradigm of a woman over the age of 65 According to Price, Sophie "is the heart and solull of our marketing focus." The other two names are Caroline, who represents the youngest segment, an anessa, who represents the middle customer segment. In late March 2007, Drumm's supervisor met with to discuss marketing strategy and said, "Wendy now all about your Sophie contemporaries. There eno need to contemplate your paradigm. There is no empirical mystery here. We need a younger, fresher nary for Creative. And Wendy, let's face it, that is t within rumm was fired in May 2007. A 37-year-old haven took Ms. Drumm's position. Does Ms. Drumm your scope and that is a problem for you le Phaaseof age discrimination? [Drumm o. CVS s able to work cy Inc, 701 F. Supp. 2d 200 (D.R.1. 2010),

Explanation / Answer

Answer:- In this case, Ms. Drumm has to prove that the main reason behind her expulsion from the company was her age rather than any other merit-based factor. She has to prove that while deciding her fate in the organization, the management did not take care of her ability, experience, and managerial skills and the only factor for the decision was a notion of the management to hire a young candidate for the position rather than focusing on comparative merit analysis of two candidates.

Answer:- The management has to defend its decision by explaining to the court that the decision was nothing to do with the age of Ms. Drumm and she was replaced with a 37-year-old new employee mainly due to the potential in that young candidate and greater scope of growth of the organization under her supervision. The management can provide the various comparative factors to prove that the decision was made purely on the basis of merits, experience, and past performance.

Answer:- in my opinion, the decision will be made in favor of the organization as if we look at the conversation between the supervisor and Ms. Drumm, the main focus was on the creative approach and fresh ideas rather than the age. As the company mainly focus on Sophie segment of the customers thus they need to be creative, and more proactive in their approach to attract greater customers and thus they look for new ideas. There is nothing to do with the age of the person. Creativity comes inherently and brings new blood increases the chances of creativity in the organization.

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