In the case three sets of petitioners filed suit against the Florida Board of Regents claiming discrimination on the bases of their age.One of the cases was dismissed under the basis of states’ rights under the 11th amendment.Monaco’s case was tried in New Jersy under the New Jersey Law Against Discrimination (NJLAD), under which Monaco contended that prima facie requirements are less rigid in their application. The complaint of this case occurs in 2004 when the plaintiff and three additional women applied for the position of shift operations manager.Tags: English Essay American DreamWhich Organizational Processes Support Problem SolvingAbstract In Research PaperMusic Performance EssayDissertation Assessment CriteriaWritten Essays On German ExpressionismHow Are Essays And Research Papers SimilarHow To Write Review Of LiteratureArgumentative Essay On Global Warming
While this form of discrimination is technically prohibited by statute, it is also by far the most difficult to enforce.
Age discrimination differs from most discrimination laws in the fact that it must be proven that age was the dominant factor as opposed to simply being a factor.
Green, and apply the prima facie test to the case we find that the plaintiff is able to meet these standards.
11 The plaintiff is able to establish that she is (i) a member of the protected class, being 63 at the time of the incident, (ii) it was established that she applied and was qualified for the job as her manager encouraged her to apply, (iii) the plaintiff was denied the position, (iv) and it was given to a significantly younger unprotected class.
Upon the receipt of the right to sue letter from the EEOC the plaintiff must then file their compliant within 90 days.
History: The Age Discrimination in Employment Act of 1967 was introduced after a recommendation from President Lyndon B.
Johnson after a secretary of labor statistical report that indicated that age discrimination for older workers was problem.
Analysis showed that while unemployment for older workers was less than for younger workers, the period of time that the unemployed over a certain age remained unemployed was significantly longer than those in younger age brackets.
Even as the plaintiff in this case proved a prima facie case and transferring the burden of proof, the defense was able to transfer the proof back with a simple denial that age was involved in the selection process and without direct proof to discredit this defense the case was dismissed. The 11th amendment of the US constitution passed in 1794, reads as follows and was meant to protect the sovereign rights of the states: The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
15 The 14th amendment was passed in 1896 following the civil war in order to allow for the enforcement of civil rights legislation. Florida Board of Regents, the Supreme Court of the United States provided clarity in the application of both the 11th and 14th amendments in regards to the ADEA and its use against the state by those they employ.