Monday, November 18, 2019
Age Discrimination And Its Impact On Career Building Case Study
Age Discrimination And Its Impact On Career Building - Case Study Example Jack Gross decided to sue the company in an effort to prove that it was age discrimination acting as the rationale for why he had been shifted in the company and his job responsibilities slowly taken away and given to younger staff members. The courts found enough evidence to favor the position of Jack Gross, however, FBL appealed the decision, taking it to a higher court. Eventually, the case reached the Supreme Court who upheld the decisions of the lower courts, deciding that there was ample evidence available that discrimination was the cause of his career status position change. Gross was awarded damages as identified by the ADEA, the Age Discrimination in Employment Act. This act provides compensatory damages when discrimination is found to have been the deciding factor for making improper age-related decisions in the workplace. The include damages that are determined equal to the level of humiliation, injury, pain, and suffering, or professional reputation damage that has occurred (elinfonet.com, 2010). Then Justice C. Thomas of the Supreme Court identified as the final appeal was considered, ââ¬Å"under the ADEA the plaintiff retains the burden of persuasion to establish that age was the ââ¬Ëbut-for cause of the employer's adverse actionâ⬠(laborlawyers.com, 2009, p.2). Because of the nature of how his position had been shifted and mismanaged, there was enough evidence and/or testimony to make the court system believe that Gross had been deliberately targeted for age discrimination and it was the aforementioned but-for cause of his shifts within the company. Under the ADEA, and in the case of Mr. Gross, he may have been awarded compensation in the form of back pay, which is another provision for damages available when all of the criteria have been met for proving the but-for reasoning (elinfonet.com).
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