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Abstract
I have chosen age discrimination as the topic of this discrimination paper. I have chosen the topic based on event s that are happen in the field I am working in, engineering and construction. As corporation try and remain competitive in this market they are making decisions that are effecting employees with substantial experience and salaries. My planed approach to this paper is to justify the staffing requirements that need to be made by this corporation so that they may remain competitive in this aggressive market. I have chosen a woman that at the age of nearing 40 has been replaced by a much younger qualified but experience engineer. Under Title VII the woman being replace does not legally have a case but she feels that she has been wrongfully terminated based on the fact she is nearing 40 years old and replace by this younger employee.
Jane Doe is a well-respected engineer in the business. She has specialized in safety systems and understands the concepts and analyses of such systems to ensure companies design, engineer and build these plants safely. Jane is years old and is at the upper range of her salary level and is due for a promotion in the up coming employee evaluation. The average age in the engineering business is 45 and ABC engineering is looking at hiring in new graduates to help ensure that they will have an edge in the market when the older generation begins to retire. With a recent downturn in engineering and construction of major petrochemical facilities ABC has decided to hire in new graduates at less cost and let the older engineers with 0 plus years of experience train them. With this decision ABC decides to replace Jane with a much less experienced engineer in hopes that the more experienced will train this person to do the job that Jane has done in the past. At less cost to the company ABC hopes to groom this individual into their next generation of safety engineers and level off the average age of engineers within its organization.
The company advised Jane that she was to be terminated due to turndowns and the need to keep some positions open her position was one of the they felt could be replaced. Once the company has made their decision to relieve Jane of her duties at ABC they find that she has filed a wrongful termination suite based on age discrimination. Jane understands that Title VII does not protect those under the age of 40 but she is to be 40 in two weeks and feels that she has been terminated based on that principle alone. ABC's position is on e that they must make changes to remain competitive in the market and their approach was to replace some employees in positions they felt could be learned by younger less expensive engineers. From ABC's perspective this was purely a business move that was necessary to remain competitive in an ever changing business market.
There is no legitimate legal reason why this suite would even make it as far as litigation. Although Jane Doe feels she has been wrongfully terminated Title VII doe not protect those under 40, even if they are approaching 40. The move to hire in less expensive help does not discriminate against Jane because they legally have the right to discriminate against her. They made the move as so they could remain competitive and in this case replacing Jane with a younger qualified engineer is up to ABC discretion.
Data used to prove that the average age of engineers in the business was used by ABC to prove that they must make business changes. Not only did the average age of engineers in the business help qualify their position but the fact that they could hire young degreed engineers to fill some positions they felt were applicable it was an added benefit that they come at less expensive rates. Disparate treatment in this case in not an issue, the fact that the company felt Jane's position was one that could be done by a less experienced engineer has not treated her any differently than any of the other effected engineering positions by this downturn.
In conclusion I recommend to management that they stand behind their decision and that Jane does not have a legal position against them. Although she is approaching 40, under Title VII she is not of protected class and this is a business decision that had to be made by the company. I would recommend that as the business climate changes we look at bringing back the experience we have lost with this certain generation of employees as they can one day too help train the younger engineers that will be the future of this company.
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