This 8-page paper outlines concepts of age discrimination through a fictitious case study of YooHoo and a long-time employee, Mary (age 57) who was laid off. Included are potential letters from Mary to her former employer, the employer's response, and a due dilligence checklist. Bibliography lists 4 sources
Name of Research Paper File: D0_MTagedis.rtf
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of Yoohoo! Graphics, where she has worked as a middle manager and has been employed for 14 years. Because of declining revenues, the company initiated a reduction-in-force plan, and Mary
was terminated as part of this plan, given a severance package including three months pay and COBRA benefits. Mary, however, didnt sign a release or anything else agreeing to the
RIF in her situation. She does learn, however, in the following weeks, that Yoohoo! terminated employees older than 55 years of age.
With Mary, of course, being older than that, the assumption is that age discrimination has taken place, and that Mary likely has a case for reinstatement.
In this paper, well prepare a few things; the first being Marys letter to YooHoo demanding reinstatement, the second involving YooHoos response; and the third regarding
a due diligence worksheet that discusses what YooHoo likely should have done to avoid problems. Before we continue with this paper, however,
it should be pointed out that even if Mary had been dismissed because of "ageism," most experts agree that age discrimination cases are notoriously difficult to prove; as the burden
is on the prosecution to prove that age has been the only factor in dismissal. Mary likely would have had an easier time with her case if someone younger had
been hired, as many judges involved in dealing with age discrimination tend to cover the hiring of younger personnel when older ones are let go (Bible, 2004). In this case,
no one was hired to replace Mary. What hasnt been outlined, however, are items such as Marys performance, her attitude or other