It is often difficult to prove discrimination since there is rarely a "smoking gun" or direct written statement claiming that the employer intends to discriminate against someone. That is why circumstantial evidence is so important in these cases, and the plaintiff's challenge is to present all the circumstantial things as a picture or mosaic to prove that discrimination was the cause of an adverse employment action.
A good example of this is the Jones case. Here a school district employee was terminated due to their age.
After reading the material and this case, how do you think the employer could have lawfully restructured their organization to avoid this lawsuit?
answer-
An employer could have lawfully restructured their organization to avoid such lawsuits by doing or implementing following things-
Employer should have written policy that school has policies or rules prohibiting any kind of discrimination. after that They should communicate to all members of organization so that all members can comply with those policies.
second, Employer should have set standards of performance for criteria like recruitment, promotion so that any employee who does not fit or perform upto set standard can be terminated or if perform then they can be promoted so competency, skill and qualification matters to organization.
Third, Employer can communicate that employer has right to terminate their employee or take disciplinary action if any employee violate organization's policies.
*even though you did not provide the case study or extra information of case still i tried to answer which would help you. thankx
It is often difficult to prove discrimination since there is rarely a "smoking gun" or direct...
Hazen Paper Co. v. Biggins 507 U.S. 604 (1993) The Supreme Court resolved a split among the circuits in the following case, where it confronted the question of whether an employer violates the ADEA where factors other than age motivate the adverse employment decision. The Hazens hired Walter Biggins in 1977 and fired him in 1986 when he was 62 years old. Biggins sued, alleging a violation of the ADEA. The Hazens claimed instead that they terminated him because he...