Posted: March 1st, 2014

Tony, the new director of human resources,and Edna, the compensation and benefitsmanager, are hanging employment legislationposters in RETREAT, the TEAM FUN! employeecafeteria.

Tony, the new director of human resources,and Edna, the compensation and benefitsmanager, are hanging employment legislationposters in RETREAT, the TEAM FUN! employeecafeteria. Edna offers, “I remembersome woman who applied for a job to advertisemen’s baseball gear and sued when she didn’t get the job.  TheEEOC said she had no case. A couple of years ago, we movedFred from fitness demos to stock management because hecouldn’t do the treadmill or lift the big weights anymore. Therewas talk about an age discrimination case because he was 57, but that never went anywhere.”

Tony asks, “Do you realize that all of the warehouse workersare male and all the RETREAT workers are female?”

Edna replies, “What’s your point?” Tony waves his hand at theEEOC information they have displayed. Edna shrugs, “This is thebest job I ever had. If you ask anyone else who works here, theywill say the same thing.”

 

Questions:

1. What is the probable defense for the baseball gear job(BFOQ, 4/5ths rule, glass ceiling)? Explain.

2. Why didn’t Fred’s age discrimination case go anywhere?

3. Is TEAM FUN! open to discrimination charges in otherareas?

4. What should be done to protect TEAM FUN! fromdiscrimination charges?

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