Please read the case and answer the questions relating to the topic. Please prepare a 2 – 3 page summary, fully addressing all of the questions and fully supporting your views with the appropriate references, which should be included via in-text citations and listed on a reference page. Please review and follow the Case Analysis Guidelines. The assignment should be submitted as an MS Word document.
EEOC v. Insurance Company of North America, 49. F.3d 1418, 1420-21 (9th Cir. 1994) The plaintiff filed a complaint with the EEOC that the defendant, Insurance Company of North America (INA), had rejected his application for a loss control inspector job on the basis of age discrimination. The defendant had advertised the position in a local paper. The ad read, “the ideal candidate will have a college degree and two years experience in loss control…” among other information. The company subsequently hired a 28-year-old college grad with no loss control experience. The plaintiff had 30 years of loss control experience and was over the age of 40. The company claimed that an employee with that much loss control experience would have been overqualified for the position and, in fact, would have delved too deeply into the insured’s affairs and claims.
Questions
1. Is this case one of disparate impact or disparate treatment?
2. What is the legal basis or provision for the alleged discrimination?
3. What would be his prima facie case?
4. Based on your answer to the second question, what defense would INA (the defendant) use?
5. What information would the plaintiff’s attorneys ask for? The defendant’s attorneys?
Dwyer, D. J. (2008). Discrimination in employment: Understanding the liabilities. SHRM.
