Group Project 3

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Bemidji State University *

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3420

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Management

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Jan 9, 2024

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docx

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Case 3 Group 2 Class: Labor and Employment Relations By: Marissa Cleven, Anne Cribb, Alison Earhart, Rebeckah Ehlinger, and Teaira Christen Due: June 6, 2021
Case 3 - Chapter 9 Problem #9 By: Marissa Cleven, Anne Cribb, Alison Earhart, Rebeckah Ehlinger, and Teaira Christen Due: June 6, 2021 Class: BUAD 3420-90 Labor and Employment Relations Question: 9.Burns, aged 64, and Smithers, aged 38, were applicants for the position of postmaster at the Shelbyville Post Office. Burns had been the assistant postmaster for several years and was seeking promotion to postmaster as the final step in his career. After interviewing both candidates, the Postal Service Management Selection Board decided to promote Smithers because they felt he had “management potential to advance beyond Shelbyville.” Can Burns establish a prima facie case of age discrimination under the ADEA? What defenses are available to the employer? Explain. [See Smithers v. Bailar, 629 F.2d 892 (3d Cir. 1980).] Answer: Burns can file a suit for age discrimination under the Age Discrimination Employment Act (ADEA). Burns qualifies to file a suit because his age qualified him as a protected employee under ADEA. Burns was qualified for the postmaster position and expected the promotion, but Burns was not promoted because the selection board preferred a younger person. However, the selection board can defend their selection by providing reasonable facts such as the selection process was non-discriminatory and based on qualifications of the applicant. The selection board could claim that even though Burns' qualifications were a considerable factor it was not the only factor for promotion.
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