Zippitelli V. J.C. Penney

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Joanne Zippittelli v. J.C. Penney Company (2007) is a case in which a employee sues her employer using the Age Discrimination in Employment Act of 1967 (ADEA), on the bases of age discrimination when applying for a promotion. Zippittelli was one of four women who applied for a position within the company. All four women had the same job title and the Personnel Manager James Johnson determined that three of the four candidates, who include the plaintiff, were qualified for the position. Johnson ranked the applicants, making Zippittelli his third choice (Twomey, (2013), p. 537). After Johnson consulted his supervisor, he hired his first choice, Patti Cruikshank. Zippittelli was convinced her age was the reason for her lack of success of getting the position within the company. Zippittelli had a brief conversation with her supervisor, Anita Benko, about why she felt she was going to be overlooked for the position. Zippittelli told Benko she felt because she was 63 that she was going to be overlooked for the position. Benko made the statement that she would “probably not” get the position (Twomey, (2013), p. 537). In 2004, Zippittelli filed a complaint with the EEOC and received the right-to-sue letter in 2005. “The Age Discrimination in Employment Act forbids discrimination against men and women over 40 years of age by employers, unions, employment agencies, and the federal government,”(Twomey, (2013), p. 534). 1). Would not a reasonable layperson in the position of the applicant think that she had been discriminated against because of age? I think that a reasonable person would believe she was discriminated against because of her age. The EEOC gave her a right to sue letter cause she did meet all the requirements to establish a prima facie case, so even they felt with the information at hand that she had a case. Justice Munley states that “lacking direct evidence

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