Question

Darwin is a 60-year-old software engineer for Compuswerve, Inc. Recently, the company went through a reorganization process meant to revamp the business and the work it does. The directors want to rework the company as a fresh, hip business with cutting-edge knowledge from young, creative-minded employees. Obviously, Darwin doesn’t fit into the directors’ vision, so the managers wish to replace him. Sure enough, a few weeks later Compuswerve hires some new employees, and Darwin is offered a severance plan and dismissed.

1. Which of the following, if true, would legally support the company’s decision to fire and replace Darwin? Check all that apply.
a. if the company had fewer than 20 employees
b. if Darwin needed a reasonable accommodation to perform his job due to a disability
c. if Darwin planned to retire in less than five years
d. if Darwin was unable to perform the essential functions of his job
e. if Darwin had another job offer elsewhere
f. if the company was a private (non-governmental) organization
g. if there were more highly skilled workers in the organization who could take his place
2. Which law prevents employees like Darwin from discrimination in employment?
a. ADEA
b. Title VII
c. Affirmative action
d. ADA
3. Are the company’s actions permissible, considering its mission and vision?
a. No, because Darwin was treated less favorably than younger employees based solely on his age.
b. Yes, because age is not a protected class in employment law.
c. No, because Darwin was not given compensation or allowed adequate time to find another job.
d. Yes, because the company is private and therefore has the right to hire or fire whomever they want to.

Answer 1

The company's decision to fire and replace Darwin could be legally supported if Darwin was unable to perform his job or if Compuswerve has fewer than 20 employees. The ADEA protects against age discrimination and would render the company's dismissal based on age as illegal.

Step-by-step explanation:

1. The decision to fire and replace Darwin, a 60-year-old software engineer, could be legally supported if certain conditions are met. Legally, a company can terminate and replace an employee:

• If the employee is unable to perform the essential functions of the job, even with reasonable accommodation (Disability Accommodation).
• If the company employs fewer than 20 employees, and hence may not be covered by some provisions of the Age Discrimination in Employment Act (ADEA).
• If the company is a private, non-governmental organization, though this does not grant immunity from following anti-discrimination laws.

2. The law that prevents an employee like Darwin from age-based discrimination in employment is the Age Discrimination in Employment Act (ADEA).

3. The company’s actions are not permissible if they are based solely on Darwin’s age. The ADEA protects employees over the age of 40 from discrimination. The company cannot legally replace Darwin based on age alone, especially if it impacts employees' rights protected under the ADEA. Thus, it appears that if the company is dismissing Darwin primarily due to his age to maintain a “fresh, hip” image, they would potentially be in violation of the ADEA.

Answer 2

Darwin and Compuserve, Inc.

1. d. if Darwin was unable to perform the essential functions of his job

e. if Darwin had another job offer elsewhere

2. b. Title VII

3. a. No, because Darwin was treated less favorably than younger employees based solely on his age.

Step-by-step explanation:

Title VII of the Civil Rights Act of 1964 is a federal law that protects employees against discrimination based on certain specified characteristics: race, color, national origin, sex, and religion. Under Title VII, an employer may not discriminate with regard to any term, condition, or privilege of employment.

Federal employment laws prohibit discrimination of persons who are over 40 years.