Benko Age Discrimination Case Summary

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In the case of Zippittelli, I agree with the final decision that there is not a case of Age Discrimination Act of 1967 as amended. The Age Discrimination Act of 1967 “forbids discrimination against men and women by employers, unions, employment agencies and the federal government” (Twomey, p. 534). Zippittelli is a 63 year old female that was up for a job promotion as a shift operations manager. At the time of the incident Zippittelli was a serving as a general lead clerk in the call service center. After the interview, the plaintiff revealed to her then supervisor (Benko) that she speculated that she would not get the job because of her age. To that statement, Benko replied, “How old are you?” To which the plaintiff told her 63. Benko…show more content…
Once approved age discrimination must be tried under Title VII provisions, which must “substitute the word age, for the words race, color, religion, sex or national origin” (Twomey, 2010, pg. 535). It must also demonstrate that 1) the plaintiff is within the protected age class in this case being over forty. Ms. Zippittelli was age 63 years of age. 2) The plaintiff was qualified for the position at the issue of these proceedings. Ms. Zippittelli was qualified for the position which was proven. Ms. Zippittelli was currently serving as a lead clerk in the call service center just as the other eligible applicants for this job position. She was also interviewed along with the other three applicants. As pointed out in the case she was more qualified than the chosen applicant due on the bases that the plaintiff had “better performance evaluations and that the younger worker actually supposedly determinative of eligibility for promotion, like attendance” (Twomey, 2010, pg. 538), than the chosen applicant. 3) The plaintiff was dismissed despite being qualified. 4) The replaced by a person sufficiently younger to permit an inference of age discrimination. Although, the chosen candidates age was not revealed in the readings it is safe to assume based on the outcome that they were younger than the
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