Employment Law and Age Essay

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decision -- federal or state court -- where an employer was found NOT GUILTY of violating one of our chief laws (EEO, ADA, EPA, ADEA, etc. - -).

Give us the case citation, briefly summarize the case and explain why the employer was found not to have violated an employment discrimination law.

In Linda Tatom v. Res-Care, Inc., No. 14-6125 (10th Cir., Jan. 24, 2015), the teacher Linda Tatom was an at-will employee of the Guthrie Job Corps Center (GJCC). After being involved in an altercation with a male trainee, she was allowed to go home for the day. Tatom refused to return to GJCC until the trainee was removed. She filled out a report but GJCC stated that her report on the incident did not indicate if the offense was a Level I or (lesser) Level II infraction and the employee was not removed (EmployerLinc, 2015).

Tatom was ultimately replaced by two instructors, ages 53 and 56 because she refused to return to work (EmployerLinc, 2015). Tatom brought a suit against GJCC alleging age discrimination. However, Tatom was age 56 and although she did prove that she was a member of a protected class, the court ruled that the evidence did not support that her termination was due to her age. GJCC said that she was terminated after failing to report to work for eight days and was given notice before her formal termination (EmployerLinc, 2015).

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To be found guilty of violating ADEA, the employee must prove "that the stated nondiscriminatory reason for the employer's actions is pretext for discriminatory intent" (EmployerLinc, 2015). Tatom was unable to do this and her employer convincingly argued that her refusal to report to work was the reason for her termination. The fact that she was not replaced by a younger employee supported the employer's case.

Reference

Linda Tatom v. Res-Care, Inc., No. 14-6125 (10th Cir. Jan. 24, 2015). Retrieved from EmployerLinc:

http://employerlinc.com/2015/03/appeals-court-rules-no-pretext-found-in-adea-discrimination-case/

Page 2: Many states, cities, or counties operate "mini EEOC's." They operate under many different names such as Human Rights Commission, Equal Employment Board, etc. Locate such an organization in an area where you live or work or have some familiarity. Outline its functions and, if possible, assess its effectiveness.

A number of states have more stringent child labor laws than federal statutes, particularly in specific employment areas where children are more likely to work such as the….....

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