Scott Amedure was shot and killed with a shotgun on March 09, 1995 by Jonathan Schmitz. The incident happened three days after Amedure revealed his homosexual feelings towards Schmitz on a national TV show. This revelation caused much emotional damage and embarrassment among Schmitz. Amedure also left a sexual note for Schmitz which in turn resulted in his premeditated murder on Amedure. Schmitz was ultimately found guilty of second-degree murder and possession of a firearm-felony. Amedure’s parents sued the TV Show, stating the shows actions and negligence resulted in their son’s death. The jury’s verdict compensates the parents $29,332,686 in damages of a wrongful death. The defendants take the case to the…
Facts of Situation B as it pertains to the Age Discrimination in Employment Act of 1967…
In the early 1980’s in a small Podunk town of Ada, Oklahoma, a young woman named Debra Sue Carter, was savagely raped and killed in her own apartment after work at the local cocktail bar. Quickly, the town drunk was arrested in relation to the rape and murder with nothing more than a single “eyewitness” that placed him at the woman’s job that night. Many regulars to the bar said that “they would know if Ron Williamson was at the Coach Light and he wasn’t there.” They, in fact, named another man: Glenn Gore, the prosecution's main witness. Gore was also the man that Debbie’s friend said that she was afraid of and he was supposedly at Debbie’s apartment the night of the murder, according to the friend who received a phone call that night from Debbie. Gore was also seen being pushed away by the victim at the victim’s car the same night as the murder.…
The Age Discrimination in Employment Act of 1967 (ADEA) states that persons 40 years of age and older may not be discriminated against based on age in the acts of hiring, promotion, discharge or compensation.…
The plaintiff, who is 66 years old, brought this employment discrimination suit against her employer, J.C. Penney, after the company failed to promote her to the position of shift operations manager at the company's Moosic, Pennsylvania Customer Service Center. (See Complaint (Doc. 1)). She alleged violations of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 2000(e) et seq., retaliation claims under both acts, and the same claims under the Pennsylvania Human Relations Act (PHRA), 43 P.S. § 951 et seq. She brought these claims against both the company and the PHRA claims against her supervisor at the Moosic center, James Johnson.…
To comply with the Age Discrimination in Employment Act, Mr. Stonefield’s limousine company cannot deny employment or terminate an employee over age if the employee is of the age of 40 and over. However, if an individual lacks necessary skill functions or has poor performance, who happens to be the age of 40 or over, the company is within its limits to terminate the employee. Because age is not a determining factor, the company is justified in terminating the…
This was a case brought to action by Joanne Zippittelli against her employer, J.C. Penney Company. Her defense for creating case was that she was overlooked for the position in question due to her age. Zippittelli was one of four women who applied for the position with the company. All four women had the same job title and when they were interviewed by the Personnel Manager, he determined that there were three candidates including the plaintiff qualified for the position. Johnson then ranked the applicants, making the plaintiff his third choice (Twomey, pg. 537). After a consultation with Johnson’s supervisor, he hired his first choice, Patti Cruikshank. Zippittelli had a conversation with her supervisor, Anita Benko about how she was overlooked. Benko asked Zippittelli how old she was at which time Zippittelli responded she was 63. Benko made the statement that she would “probably not” get the position. After having this conversation with her supervisor Zippittelli was convinced her age was to blame for her lack of success within the company. Zippittelli filed a complaint with the EEOC and received a right-to-sue letter. The Age discrimination in Employment Act prohibits discrimination against any individual over the age of 40 with respect to “compensation, terms, conditions, or privileges of employment, because of an individual’s age (Twomey, pg. 538).…
The Age Discrimination in Employment Act of 1967 (ADEA), as amended in 1986, protects employees who are 40 year old and over from discrimination in pay, benefits, or continued employment. Failure to comply with this law could result in lawsuits, back pay, and additional compensation for the employee filing the…
According to "The U.s. Equal Employment Opportunity Commission" (2008), “The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA’s protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. The ADEA permits employers to favor older workers based on age even when doing so adversely affects a younger worker who is 40 or older. It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADEA. The ADEA applies to employers with 20 or more employees, including state and local governments. It also applies to employment agencies and labor organizations, as well as to the federal government.”…
In June of 1994, in Los Angeles County, California, Nicole Brown Simpson and Ronald Goldman were murdered just outside of the former’s condominium. Not much later, O.J. Simpson was arrested for the double homicide. Evidence pointing towards Simpson’s guilt was powerful and plentiful. This included Nicole’s blood found on Simpson’s sock, Simpson’s hair on Goldman’s body, and a pair of bloody gloves, one found near the victims and the other in Simpson’s home. The biggest factor in determining the outcome of Simpson’s trial turned out to be the bloody glove found at the crime scene, which did not fit Simpson’s left hand. Despite all the evidence, Simpson’s legal team was able to prove him innocent because of this unexplainable uncertainty. Whether…
The federal Age Discrimination in Employment Act (ADEA), which went into effect in 1968, was passed to protect workers 40 years of age or older from being fired because of their age and replaced with younger workers who presumably would receive lower salaries. The Supreme Court strengthened federal protection against age discrimination in 1996, ruling unanimously that such lawsuits can be successful even if an older worker is replaced by someone older than 40.…
Since October 2006, it has been unlawful for employers and others to discriminate against a person on the basis of his/her age. Age discrimination legislation therefore applies effectively to everyone who is applying for work and who is in work. Employers, Vocational Training Providers, Employment Agencies, and Occupational Pension Scheme Trustees/Managers etc.…
The federal Age Discrimination in Employment Act (ADEA) of 1967 was passed to protect workers of age 40 years or older from being fired because of their age and replaced with younger workers who presumably would receive lower salaries (p. 396). The federal Age Discrimination in Employment Act has been able to address particular issues concerning the aging population in ways that prohibit employers from discrimination against persons 40 years or older in hiring, discharge, compensation, terms, and conditions or privileges of employment. It too prohibits discrimination regarding benefit programs and retirement plans. Additionally, the Age and Discrimination in Employment Act includes limiting, segregating, or…
This is a murder case that faced Mr. Simpson who is a former football star and an actor. He was tried following the murder of his ex-wife, N.Brown Simpson, and a waiter R. Goldman. It is believe that Simpson’s ex-wife Brown, and Goldman were found murdered outside her home and this made Simpson to be a key suspect. He was later acquitted after the trial that had lasted for months. The trial was complicated and it had taken long since Mr. Simpson had hired a high profile defense team and this led to a heated parley during the trial.…
Nkomo, Fottler, & McAfee, Applications in Human Resources Management: Cases, Exercises, Incidents, and Skill Builders, 7th ed. (Cengage, 2011). ISBN: 0-538-54807-6…