Smart employers use a variety of methods to prevent age discrimination and other claims. Such mechanisms don’t happen by accident, but require careful attention to detail and a comprehensive hiring and firing program.
Recent case: Dulce Colon, who was born in 1959, was hired as an assistant housekeeping manager at the Trump International Hotel and Tower. The hiring manager did not know her age when he selected Colon.
Colon’s job was to make sure that rooms were ready for hotel guests and to inspect each room after the housekeeping staff cleaned. She received initial training on housekeeping standards.
Colon worked with several other assistant housekeeping managers, most of whom were older than 40. She received the same initial training all employees received.
But almost immediately, Colon had trouble. She was criticized for keeping guests waiting and for releasing a room that still contained a prior guest’s undergarments, among other things.
The hiring manager terminated Colon after just three months when her probationary period ended. He reposted the position and promoted a 27-year-old internal applicant—the only applicant—to the job.
Colon sued, alleging age discrimination. She pointed out that a substantially younger worker replaced her.
That wasn’t enough to keep the lawsuit going. The court said that no jury would conclude age was the reason Colon was terminated, based on the employer’s evidence that the hiring manager didn’t know Colon’s age and was the same manager who terminated her. The court noted that she failed to meet legitimate job expectations and that the younger replacement was actually the only applicant. The court also observed that Colon received the same training other employees did, including her replacement. (Colon v. Trump International, No. 10-Civ-4794, SD NY, 2011)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/29524/use-consistent-hiring-firing-processes-to-knock-down-age-discrimination-claims "
- Fix racial harassment before hostile environment starts affecting employee performance
- A good deed punished: Voluntary FMLA leave can become a mandate
- Anti-harassment policy, training are meaningless if supervisors decide to ignore them
- Melville benefits firm settles father/son harassment lawsuit
- Will egg farm have to scramble to defend EEOC suit?