Question

In July of 2015, your organization, which has maintained a flawless record with the EEOC, was contacted regarding lack of compliance with EEOC standards. As the Director of Human Resources, you recognize that failing to comply with EEOC regulations is a major problem. Case Alan James, age 57, has been working for Organization X since its beginning in 1988. Alan is a hard worker who is dedicated to personal and organizational success. Since the company’s beginning, Alan has worked his way up the corporate ladder (from hourly employee to mid-level manager). Recently, many of Alan’s employees have been complaining about his performance in the workplace. Two employees, who also have been with the organization since its beginning, complain that Alan is “behind the times.” You overhear these employees call Alan “old” and “washed up.” After overhearing this conversation, you conduct one-on-one interviews with Alan’s supervisor and coworkers. During these interviews, you learn that Alan’s performance with required workplace technology is poor at best. It is important to note that during performance reviews, Alan’s supervisors have documented his lack of technological knowledge. Although the company has paid for additional technological training for Alan, Alan has refused to participate in these trainings. After creating a well-developed action plan for Alan, you hold a one-on-one meeting with him to discuss complaints that have been raised by his employees, coworkers, and supervisor, as well as a plan for Alan’s future workplace performance. To encourage employee development, you offer Alan the opportunity to participate in various mandatory training courses, which will improve his technological skills. You also assign Alan a mentor, who is a technology whiz. During your meeting, Alan states that he feels discriminated against based on his age. He does not believe that he needs to develop his workplace skills in order to meet “ridiculous technological standards.” Before the meeting ends, Alan explains his frustration with the policies that the organization has created. A week after your conversation with Alan, you follow up with his supervisor. You hear that Alan hasn’t come to work since your meeting. Later that day, you learn that Alan has filed a complaint with the EEOC claiming that he was discriminated against based on his age. Explanation of Assignment For this assignment, present an argument whether or not you believe that Alan has been discriminated against on the basis of age. • Provide an explanation of the EEOC’s regulations regarding age. • Cite reasons why you believe Alan was or was not discriminated against. • Determine what steps you will take in addressing this issue with Alan, in an effort to avoid a lawsuit. Note: The topic of EEOC compliance is quite large. Therefore, you should not have any problems locating scholarly resources (from National Paralegal College’s Library resources, such as LIRN and Google Scholar) to enhance your research paper. Classes 6 and 7 provide a great deal of information regarding EEOC compliance.

Answer 1

Alan was 57 years old employee of the company. As the time changes the rules regulations, culture, knowledge, skill set etc. has to be changed by the employees. This is because the competition is increasing day by day. The company hires new employees to acquire new ideas and talent base. This would enable the company to fight in the market place. As we know new employees are more energetic, full of enthusiasm, adaptive and having the current skill sets they are able work easily. As per the age of the employee if he didn’t acquire and gain the skill set he would not able to work in balance with the other employees of the organization as the organization work is team work. There would be conflicts among the employees of the different skill sets.

I did not believe that the Allan has been discriminated because as per the age he was unable to acquire the skill sets and work with the company rules and regulations. He was not adaptive as per the situation which is the demand of the organization.

As per the US EEOC’s regulation, the age discrimination is the treatment of the employee in the organization less favorable according to his growing age or old age. The rules states that above the age of 40 or 40, the discrimination has been forbids. The law also prohibits the discrimination during hiring process, training process, firing, assigning teams or jobs, etc.

Alan was not discriminated the reasons are as follows:

1. Company has to look for all the employees of the organization and treat equally. So, the company discussed this with employees in meeting and got the perspective of employees. The Alan was not able to balance with the co-workers.
2. The skill sets are old with time so one has to enhance it time to time but the Alan didn’t did take any step to enhance the skill sets.
3. Alan refuses to take the training which was provided by the good technological whiz.
4. Alan itself feels discriminated and frustrated on the company’s rules and regulations which he follows from the time of hiring.

The steps to make the Alan understand that he is not discriminated are as follows:

1. Company can Hire same age group people who are having different skill sets than Alan.
2. Assign the projects to Alan which needs more adaptive skill sets.
3. Make the team where the Alan is more comfortable.
4. Provide the training to all the employees at a time of the team.
5. More group discussions would be done.