Question

scenario 6: workplace discrimination allegation
an employee files a lawsuit against a retail business alleging age discrimination after being passed over...
guiding questions:
. what are the key legal issues in this scenario?
. which legal defenses might apply?
. what evidence or witnesses would you seek?
. what motions or procedural strategies could be used?
. how would you structure your overall defense?
student notes: ______________

Explanation:

1. Key legal issues: Proving a prima - facie case of age discrimination (employee in protected age group, adverse employment action, and connection to age).
2. Legal defenses: Business necessity (e.g., the person passed over was less qualified), legitimate non - discriminatory reason (e.g., performance - based decision).
3. Evidence/witnesses: Employment records (e.g., performance reviews, hiring and promotion records), co - workers who may have heard discriminatory remarks, managers involved in the decision - making process.
4. Motions/procedural strategies: Motion for summary judgment if there is no genuine issue of material fact, discovery to obtain evidence from the opposing party.
5. Overall defense structure: First, establish a legitimate non - discriminatory reason for the employment action. Then, challenge the employee's evidence of discrimination and show that any alleged discriminatory statements were not the true cause of the action.

Answer:

• Key legal issues: Proving prima - facie age discrimination case.
• Legal defenses: Business necessity, legitimate non - discriminatory reason.
• Evidence/witnesses: Employment records, co - workers, managers.
• Motions/procedural strategies: Motion for summary judgment, discovery.
• Overall defense structure: Establish non - discriminatory reason, challenge employee's evidence.