John Carpenter has been filed complaint with Equal Employment Opportunity Commission against Mills paper company because of his termination
John Carpenter has been filed complaint with Equal Employment Opportunity Commission against Mills paper company because of his termination. This case study examines the explanations behind Carpenter’s termination, evaluates a way to best affect the resultant claim has been filed, and presents solutions to the underlying structure issues.
Mills paper company and CFO Lance Amato are faced with a grievance filed by John Carpenter with local EEOC office charging age discrimination, unfair performance appraisal, and negligent and intentional inflection of emotional distress. The company and CFO should decide however best to reply those charges. Mills paper company using management by objectives (MBO) for employees for revaluate its ways of performance and implementation steps.
IDENTIFY THE CAUSES OF THE PROBLEM:
Carpenter’s complaint filed with the EEOC has three components:
1. Age discrimination
2. Unfair performance appraisal
3. Negligent and intentional infliction of emotional distress
The above 3 elements should be analyzed in terms of proof, legal necessities, and potential ramifications before possible responses to the charges is evaluated. EEOC has granted several inquiring powers. They have to enter establishments, check and copy records, and interview employees. EEOC requires records which maintained by employers are given below;
• The data to be maintained for every employee for a period of 3 years like name, address, date of birth, occupation, salary and weekly compensation.
• Records of promotions, demotions, transfers. (1 year)
• Tests and physical examinations connected to personnel actions. (1 year)
• Details of worker benefit plans. (1 year)
The carpenter is covered by the age discrimination in employment act (ADEA) of 1967. The act applies to people of 40 years or older of age, and carpenter age was also more than 40 when he was hired. ADEA can be proven by 3 methods;
• Direct evidence of age discrimination
• Demonstration of a pattern of discrimination
• Indirect evidence
From above 3 conditions, last one is applied for mills paper company but to meet this condition carpenter may simply establish his membership in protected age group.