For twenty years, Ozzie works for Players Paradise, a destination for vacationer

Question

For twenty years, Ozzie works for Players Paradise, a destination for vacationers from across the United States, maintaining golf carts. After a steady stream of positive job evaluations and merit pay raises, Ozzie is promoted to the position of supervisor of golf-cart maintenance at three of Players's courses. Five years later, a new employee, Quentin, is hired to oversee operations at all ten of Players's courses. Quentin demotes Ozzie, who is now over the age of forty, to running only one of the three cart facilities, and freezes his salary. Quentin demotes five other employees over the age of forty and places one of Ozzie's former facilities under the supervision of Richie, who is twenty-three. Ozzie overhears Richie say, "We're going to have to do away with these old, senile men." Less than a year later, Quentin reconsolidates the three cart facilities' operations under Richie's charge. Ozzie quits and files a suit against Players for employment discrimination. Should he prevail? Explain.

Explanation / Answer

The Age discrimination in Employment Act (ADEA) prohibits discrimination against people aged 40 years or above on the basis of their age. In the given case Ozzie was a good employee and was recently promoted by the employer. This shows that the demtion of Ozzie was not on the basis of job performance but was wilfull act of the new hire Quinton.

Quinton created the environment wherin Ozzie was forced to leave the job. At the same time Quinton was also heard saying that the older employees should be removed. Thus, Ozzie will eventually prevail as he was forced to quir the job because the employer created situation where it was difficult for Ozzie to carry out the work in a proper manner.

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