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March
9

2 comments for:

Memo to Older Employees: Do not Fear!

acct301 | 09.03.2010 at 11:34 pm

employment law question plz i need help?
Happy B. White Ltd. is a computer software firm with 50 employees — 45 are white and 5 Hispanic. After enjoying five years of growth the firm suddenly experienced hard economic times and decided it had to lower expenses by terminating five employees. They decided to do so from three areas, programming, administrative and sales. Hap White, the white male Company President came to the DC office to discuss the terminations. He met with all the staff and then told Gladys Plainbread, the Office Manager who is also white, that she was to decide who to fire. He later wrote her a memo in which he said that he wanted only “employees with clear Anglo accents because we will be doing lots of telemarketing in the future to increase sales.” When he gave Gladys the memo Hap said “regarding the terminations, when times are tough, we have to watch out for our own. Am I understood?”

Gladys knew what he meant and though she disagreed with Hap White’s “old school” attitude she feared for her own job if she argued with him. The next day she terminated five employees; all were Hispanic. Juan Emanuel was the only Hispanic programmer in the firm. He had the most seniority and the best record of promotions, raises and overall achievements of the 15 programmers.

You are Juan’s lawyer. He comes to you with a “right to sue” letter from the EEOC; meaning all administrative remedies are exhausted. He wants to sue for racial discrimination and asks what are his chances. Explain to Juan the type (or theory ) of discrimination you will pursue. Also explain the shifting burdens of proof and what evidence will help each party meet their burden of proof.

God answers all questions | 10.03.2010 at 4:36 am

Blessed is the man that walketh not in the counsel of the ungodly, nor standeth in the way of sinners, nor sitteth in the seat of the scornful.
But his delight is in the law of the LORD; and in his law doth he meditate day and night.
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