Employment Law Unit 1

Unit 1 Assignment

PA402: Employment Law

February 2, 2014

To: Supervising Attorney

From: Dawn Edwards

Re: Ms. Shewin’s Possible Types of Discrimination

Date: February 2, 2014

Memorandum

According to the U.S. Equal Employment Opportunity Commission, there are twelve different types of discrimination that can happen in a workplace; Age, Disability, Equal Pay/Compensation, Genetic Information, Harassment, National Origin, Pregnancy, Race/Color, Religion, Retaliation, Sex and Sexual Harassment. This memorandum will focus on the possible types of discrimination that Ima Shewin can claim in a discrimination suit against her employer, The Blabber. It will also include five follow up questions in order to resolve possible ambiguities or gaps in the fact pattern to help build a case. The possible types of discrimination that Ima Shewin could claim are age discrimination, race/color discrimination, retaliation and sex discrimination.

I. Age Discrimination

Age discrimination takes place when an employer treats a subordinate unfairly based on the employee’s age. The Age Discrimination in Employment Act (ADEA) protects workers over the age of 40 from being discriminated because of their age. (“Discrimination by type”). In the case of Ms. Shewin, age discrimination is a possibility because she is forty-five years old and believes that due to her age, she has been passed over for a promotion. Ms. Shewin applied for a junioe-editor position that she was qualified for, according to the job’s classified ad. The job however, was given to Gene Whiz, a 26 year old. Mr. Whiz, while he has the education qualifications, does not have the work experience that Ms. Shewin has. In addition, a friend of Ms. Shewin’s overheard a conversation between Mr. King, her supervisor and another senior manager, where Mr. King was speculating as to when Ms. Shewin would finally retire.

II. Race/Color Discrimination

Race discrimination involves treating someone (an...