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Beatrice McCormick has been a cashier for The Long and the Short of It (“L&S”) since the store opened 6 years ago. Beatrice is approaching age 70. Tom Long and Mark Short have been urging her to retire, but so far they have had no luck. It seems Beatrice’s life revolves around her work. Her children live far away, and she has no hobbies. Tom and Mark ask Susan North, their attorney, if there is any way they can force Beatrice into retirement.
Susan asks them about Beatrice’s job performance. Tom and Mark explain that Beatrice is extremely competent. However, Beatrice’s age and appearance do not fit the youthful and up-to-date image that L&S wishes to project. They recently hired 19-year-old Tanya. Beatrice is training Tanya. Tom and Mark plan to make the switch in 2 weeks.
QUESTION:
1. What argument might L&S make that the termination of Beatrice does not constitute age discrimination? What argument might Beatrice make that her termination constitutes age discrimination?
2. Do you believe that the termination of Beatrice would constitute age discrimination? Why or why not?
3. What policies should the organization put in place to avoid potential liability in situations such as this?
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