Wal-Mart Age Discrimination Paper

Wal-Mart & Age Discrimination

Ronnie W. Wright

National University

Christopher Ashcraft

November 26, 2011

Abstract

Age Discrimination

The memo, in question was written by M. Susan Chambers - Wal-Mart's executive vice president for benefits which was leaked to the New York Times by a labor-backed, Wal-Mart watchdog group. The publication generated notices from legal authorities that the company faced disability and age discrimination charges provided it implements the recommendations of the memo.

Wal-Mart & Age Discrimination

First off lets’ discuss the law of “The Age Discrimination in Employment Act” it applies specifically to employment practices and programs, both in the public and private sectors, and applies only to persons over age 40. Here is what Wal-Mart has done in the practice of trying to save money by cutting overhead expenses with its healthcare cost. Wal-Mart has discussed putting into practices with this memo these new techniques of looking for healthier candidates to hire or do more physical labored task to either force people out or not hire them at all based on the job description / responsibilities. By this memo getting into public hands has caused a whirlwind of controversy based upon Discrimination of Age or Disability.

Employees who are over 40 years old, have a right to file a claim with the Equal Employment Opportunity Commission (EEOC), alleging age discrimination in violation of the Age Discrimination in Employment Act (ADEA), and seeking protection under U.S.C. Title 29 § 623(a)(1). (Code, 2011)  The federal Equal Employment Opportunity Commission had argued the law was "crystal clear" in protecting people over 40 from all discrimination, even when it favored the most senior workers.  At issue was Congress' intent when it passed the 1967 age discrimination law. The law refers to "age" in many settings, including some that propose...