Discrimination Exposure: The Case Of Ben Green Research Papers Example

Discrimination Exposure: the case of Ben Green

What I would advise
I do not recommend the termination of Ben Green’s employment on the basis of poor performance. The Age and Discrimination Employment Act and Title VII are categorical about unlawful employment practices.

Discrimination claim

Section 703 of Title VII states,
“It shall be unlawful employment practice for an employer; to fail discriminate against any individual because of such individual’s race, color, sex and national origin.”
Ben’s significance as the only minority that the company has employed in regional sales management should not be undermined. Therefore, any attempt to terminate his employment shall be construed as a serious violation of the company’s policy of nondiscrimination and affirmative action. The decision to replace Ben with a white male with the highest MMPI is wrong and only serves to accentuate the perception on discrimination. In this regard, application of this law will ensure that Ben Green’s case is handled amicably without the thought of terminating his employment.
The argument that a court cannot reverse the decision of an employer to terminate the employment of a poor performer, as in the case of Lucero vs. Hart, 915 F.2d. 1367, holds to the extent that issues of discrimination do not arise. Ben’s case is relatively complex given that his poor performance is tinged with the fact that he I black.

Reverse discrimination decisions by the courts

The courts may need to establish beyond reasonable doubt that Ben’s case lacks traces of discrimination. However, in case discrimination is established to be the case of Ben’s poor performance at the company, the courts may exercise wide discretion while dispensing appropriate remedies as in the case of United States v. Paradise et al., 107 S.Ct. 1063 (1987). Even though whites have a right of promotion, such promotions should be done on level playfield.

References

Age Discrimination Employment Act (ADEA) and Title VII
Lucero v. Hart, 915 F.2d. 1367 (9th Cir. 1990
United States v. Paradise et al., 107 S.Ct. 1063 (1987),