Wallace Corporation was looking to hire a senior Administrative Assistant. After
ID: 405490 • Letter: W
Question
Wallace Corporation was looking to hire a senior Administrative Assistant. After HR reviewed the applications of the various candidates, two were selected for personal interviews with the hiring manager. When the manager interviewed Sue Phillips, aged 51, he asked her questions about how comfortable she was using computers, using various software programs, and finding information on the internet. He made a note on Sue's application that she "seemed old and inflexible". The manager next interviewed Cindy Lou Lee, aged 31, but simply questioned her about her previous work experience. The manager decided to hire Cindy Lou for the position. Does Sue Phillips have a claim under the ADEA? Why or why not?
Explanation / Answer
No she can't since
United States Code Title 29 (Labor), Chapter 14 (age discrimination in employment), section 623 (prohibition of age discrimination) establishes that
It shall not be unlawful for an employer, employment agency, or labor organization (1) to take any action otherwise prohibited under subsections (a), (b), (c), or (e) of this section where age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business, or where the differentiation is based on reasonable factors other than age, or where such practices involve an employee in a workplace in a foreign country, and compliance with such subsections would cause such employer, or a corporation controlled by such employer, to violate the laws of the country in which such workplace is located.
In this case speed & flexibility of a young person is required for technological purposes.
I hope that this answers your query. Regards.
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