Case Scenario:
Bella, the new HR Manager, and James, the Training Manager were posting employee legislation posters in the employee cafeteria at Wellness Foods & Apparel. James comments, "I remember when a pregnant woman applied for a job to advertise men's soccer and wrestling clothing/gear and sued when she didn't get the job. The EEOC said she had no case. A few years ago we moved Stan from fitness demos to customer service because he couldn't do the treadmill or lift the big weights anymore. This happened right after his 50th birthday party. There was talk about a discrimination claim, but that never went anywhere. "
Bella asked, "Do you realize that all of the warehouse workers are male and all of the cafeteria employees are female?"
James replies, "What's your point?" Bella waves her hand at the EEOC information they displayed. James shrugs, "I started in the Warehouse and was promoted to this job three years ago. This is the best job I ever had. If you ask anyone else who works here, they will say the same thing."
Please integrate your responses to the following:
What are some reasons an employer might give for not offering the wrestling apparel/gear job to this applicant? Which of the reasons might be most defensible in court?
In your educated opinion, why didn't Stan's discrimination case go anywhere?
What should be done to protect Wellness Foods & Apparel from discrimination charges?
In your discussion be sure to discuss how Title VII, the Age Discrimination in Employment Act, and the terms disparate treatment and disparate impact may or may not apply.