Esperanza Mercado Aguayo age forty-two, had worked for a government-owned and –o

Question

Esperanza Mercado Aguayo age forty-two, had worked for a government-owned and –operated radio and television station in Puerto Rico for over a decade when, without any prior notice, she was suddenly transferred from her television program to a position in radio. Her replacement in the television program was a 28-year-old woman with less experience. Juan Perez, the administrator of the television channel, explained to a newspaper reporter that Mercado was removed because “we need new faces” and because Mercado’s replacement “is young, attractive and refreshing.” Mercado sued Perez, alleging in part that the transfer discriminated against her on the basis of age and therefore violated her rights under the equal protection clause. Perez claimed that the transfer was rationally related to furthering a legitimate state interest in maximizing viewership for the public television channel and therefore was permissible action. How does a court generally deal with questions involving Equal Protection? How will the court deal with the issues presented by this particular case? Will the court hold that Mercado’s transfer violated the equal protection clause? Why or why not? Fully discuss how the court would likely analyze this case.

Explanation / Answer

The replacement of Esperano Mercado Aguayo with Juan Perez is like a Cosmetic Company appointing a beautiful girl for the post of beauty advisor. The discrimination becomes illegal when the basis of discrimination like gender, color, ethnicity has nothing to do with the job. But in this case the replacement by a younger person has to do something to do with the job , because they need ' New faces' in their show. Whether he is experienced or not experienced that does not matter when discrimination is considered. He was just replaced because they need 'new faces' for the program. While he loss his early job, he was replaced by with a similar job in the same company's radio division. Hence he doesn't loss his job his as well. As an employee of the firm, he must work in all the similar or above of the posts of the firm. Rights of Equal Protection. The kerala State Electricity board advertised that, for the post of line man only men has to apply. This was questioned in the Supreme court of India. The judgement was in favour of KSEB. This is the same situation, they need younger face and 'New face' Particular case If this is going in a court of law, the judgement of this case is further referred to all future cases of similar nature. Holding the transfer It depends on the arguments of the both parties, If the firms says , they need ' New Faces' with supplementary statistics they may win. On the other side, If Esperano Mercado argues that he had credibility and brand image over the audience. Is there any 'base' for their argument of new faces in the program ? But if the organisation says, the right to change people is purely based on discretion of the management The High Court has to analyse , whether it is a pure discrimation or based on some genuine factor or not

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