Beginning in 1986, Paul Rangel was a sales professional for the pharmaceutical c

Question

Beginning in 1986, Paul Rangel was a sales professional for the pharmaceutical company S-A. Rangel had satisfactory performance reviews until 2010, when S-A issued aggressive new “Expectations” guidelines with sales call quotas and other standards that he failed to meet. After a year of negative performance reviews, Rangel—who was then fifty years old—was terminated as part of a nationwide reduction in force of all sales professionals who had not met the “Expectations” guidelines.

Did S-A engage in age discrimination?

What must Rangel establish to make a case under the ADEA? (This is the RULE of law that you will be applying) Can he meet these requirements? (Your APPLICATION and CONCLUSION.) Explain fully.

Imagine you are an executive working for S-A and have been asked to meet with Rangal's lawyer. What sort of information might you want to gather before going into this meeting? Are there facts that are not given in the scenario that you think are critical to knowing how strong Rangal's case is?

Explanation / Answer

This is the clear case of Age discrimination by S-A. Paul can file the case under ADEA and also consider The Lilly Ledbetter Fair Pay Act, signed into law in January 2009 (Before 2010) changes when the statute of limitations begins for workers’ claims of pay discrimination under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act to declare that an unlawful employment practice occurs not only when a discriminatory pay decision or practice is adopted but also when the employee becomes subject to the decision or practice, as well as each additional application of that decision or practice. In other words, each time compensation is paid.

New expectations guidelines were made in 2010 when Paul Rangel is already of 50 years. But still there are some points missing in the scenario that is there any benefits given to Paul Rangel at the time of termination like gratuity, lump sum amount, pension etc And above all what exactly is this new Expectations guidelines which is not suitable for Paul Rangel who had satisfactory performance reviews until 2010. All these facts needed to fight for executive in the case filed by Paul.

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