The EEOC alleged that Kelley Drye & Warren, a law firm with more than 300 attorn

Question

The EEOC alleged that Kelley Drye & Warren, a law firm with more than 300 attorneys, had a system in which attorneys who practiced law after turning 70 years of age received dramatically reduced compensation compared to similarly productive younger attorneys solely because of their age. The EEOC further charged that Defendant unlawfully retaliated against an attorney who had practiced law at the firm for more than 40 years, by further reducing his compensation after he complained about this discriminatory policy and filed a charge with the EEOC.

Questions

1. Is the EEOC charging disparate impact or disparate treatment? Defend your answer.

2. Under which law in Chapter 3 can the plaintiff file a lawsuit and why?

Explanation / Answer

1. The EEOC charging disparate treatment as they are intentionally paying less to the people above the age of 70 years. They had a proper system of reducing the compensation of the attorneys which is intentional employment discrimination by EEOC.

2. The law of human resource chapter 3 under which the plaintiff can file a lawsuit against the company is the civil rights act which is for the discrimination and racial segregation in employment, education and public facilities. Under this law there is a specific law for Age Discrimination in Employment Act (ADEA), this act banned the arbitrary discrimination. This is particularly for those whose age is over 40. So, plaintiff can file a lawsuit on the basis of this law as the company reduced the compensation after turning 70 years and charge that defendant unlawfully retaliated against an attorney who had practiced law at the firm for more than 40 years.

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