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Eeoc V. Dillard 's, Inc.

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Case Name, Citation, Year
EEOC v. Dillard’s, Inc., North Carolina Eastern District Court, Civil Action No. 5:10-cv-00398 (2011)

Facts of the Case Around November 2008, Dillard’s engaged in unlawful employment practices at its Cary, North Carolina location in violation of the Age Discrimination of Employment Act when it terminated Virginia Keene, a 61 year old woman, from her position ("Dillard 's sued by EEOC for age discrimination", 2010). She was an Area Sales Manager and was in charge of the Children’s and Accessories Departments and oversaw the sales associates who worked in her two departments. While she worked at Dillard’s, her managers repeatedly made verbal remarks to the fact that she was much older than the other five Area …show more content…

Ruling No. The North Carolina Eastern District Court ruled that Dillard’s shall pay $50,000 in damages and provide her with front pay and reinstatement.
Decision and Reason An employee bringing a suit must meet the McDonnell-Douglas Test. which came from the McDonnell Douglas Corp. v. Green case and in this case Keene met the requirements. First, an employee must belong to a protected class, in this case Keene was older than 40 years. Second, she also met the qualifications of job. Third, the employee must be rejected or suffer from another adverse job action. Keene was terminated from her job. Last, but not the least, the employer seeks another person with similar qualifications or treats the employee differently. The 61 year old employee was replaced with a 24 year old employee. Also, under the Age Discrimination of Employment Act, Dillard’s has over 40 employees and it cannot fire an employee based on age. While the plaintiff established prima facie, the defendant failed to provide a successful defense or preponderance of evidence (Meiners, Ringleb, & Edwards, 2014, p. 444). It is illegal to make employment decisions based on age.
Personal Reaction to Decision I agree with the ruling. Once older people are out of work, they are unemployed for at least one year on average and if they do find a job, they receive less pay

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