Age Discrimination Mackenzie Murphy Email this Author 7/7/2016 12:44:19 PM

Read “Case Studies of Age Discrimination in Job Ads”. Select two out of the five case studies and present your defense strategy as if you were the HR representative for the company that potentially violated EEOC guidelines.

In Case Study 2, Curtis feels that the use of the wording in the ad is discriminating against older applicants. I do not believe the word “youthful-thinking” is discriminating. Since they broadcast to a younger crowd, they want the candidate to have a mindset of our “youth”. If you are aware of what it hot (popular) nowadays with music and videos, then there shouldn’t be a problem with Curtis applying. Sometimes when there is a generation gap, the interests aren’t always the same. There is nothing wrong with having separate interests, but the candidate has to reach Sell-It Inc.’s target market. If a company can provide proof that the need to have a youthful-thinking/connection is an essential job function, rather than just a marginal job function, then they could be protected from Curtis’ allegations. An essential job function are the basic responsibilities that the candidate will perform on a daily basis (Youssef-Morgan, 2014).

In Case Study 4, the phrase “excellent source of secondary income for retirees” could offend some younger people because the ad is directed towards retirees. Since the ad starts by stating “all ages welcome”, I believe that the comment about retirees was more of a suggestion than a requirement. Although I see where this could offend some, a suggestion to fix this problem would be to state “excellent source of secondary income for college students or retirees. This way it doesn’t segregate just one age group (retired individuals 55+). The Age Discrimination in Employment Act actually only protects those 40 years and older, so the Do It Yourself Shop legally did not discriminate based on the EEOC (EEOC, n.d.).

Case studies of age discrimination in job ads. (2012). Retrieved from http://www.bizfilings.com/toolkit/sbg/office-hr/hiring-workers/age-discrimination-in-job-ads-case-studies.aspx

Equal Employment Opportunity Commission. (n.d.). Age Discrimination. Retrieved from https://www.eeoc.gov/laws/types/age.cfm

Youssef-Morgan, C. M., & Stark. E. (2014). Strategic human resource management: Concepts, controversies, and evidence-based applications. San Diego, CA: Bridgepoint Education, Inc.