Answer the following hypotheticals and explain your answers (10 pts each): 1. Sa
ID: 361241 • Letter: A
Question
Answer the following hypotheticals and explain your answers (10 pts each): 1. Sandra is a television anchorwoman and she is 40 years old. She has been the anchor woman at WJUV television for 15 years. The community loves her and gives the station’s news program the highest rating of any news program in the Tampa area. Sandra has just signed another three year contract. Recently, Charlene joined the news staff. Charlene is 23 years old and is, according to the viewing audience, “adorable.” Young and perky, Charlene is a natural on camera. Recently, WJUV decided to make Charlene a co-anchor on the evening news. She and Sandra are on the news together. Soon viewers start to write in that Sandra is looking tired, that her hairstyle is outdated, etc. They prefer Charlene, and like it when a woman is a co-anchor with a man. WJUV reluctantly fires Sandra. When Sandra sues WJUV, what kind of damages is she likely to get and why? Answer the following hypotheticals and explain your answers (10 pts each): 1. Sandra is a television anchorwoman and she is 40 years old. She has been the anchor woman at WJUV television for 15 years. The community loves her and gives the station’s news program the highest rating of any news program in the Tampa area. Sandra has just signed another three year contract. Recently, Charlene joined the news staff. Charlene is 23 years old and is, according to the viewing audience, “adorable.” Young and perky, Charlene is a natural on camera. Recently, WJUV decided to make Charlene a co-anchor on the evening news. She and Sandra are on the news together. Soon viewers start to write in that Sandra is looking tired, that her hairstyle is outdated, etc. They prefer Charlene, and like it when a woman is a co-anchor with a man. WJUV reluctantly fires Sandra. When Sandra sues WJUV, what kind of damages is she likely to get and why? Answer the following hypotheticals and explain your answers (10 pts each): 1. Sandra is a television anchorwoman and she is 40 years old. She has been the anchor woman at WJUV television for 15 years. The community loves her and gives the station’s news program the highest rating of any news program in the Tampa area. Sandra has just signed another three year contract. Recently, Charlene joined the news staff. Charlene is 23 years old and is, according to the viewing audience, “adorable.” Young and perky, Charlene is a natural on camera. Recently, WJUV decided to make Charlene a co-anchor on the evening news. She and Sandra are on the news together. Soon viewers start to write in that Sandra is looking tired, that her hairstyle is outdated, etc. They prefer Charlene, and like it when a woman is a co-anchor with a man. WJUV reluctantly fires Sandra. When Sandra sues WJUV, what kind of damages is she likely to get and why?Explanation / Answer
Sandra can sue WJUV on the basis of age discrimination under the Age Discrimination in Employment Act (ADEA). The ADEA prohibits employers to discriminate on the basis of an employee's age and the protection is given to employees having age more than to equal to 40 years. Since Sandra is 40 years old, she is entitled to bring the lawsuit. The ADEA prohibits discrimination in any aspect of employment, including hiring, firing, pay, benefits, job assignments, promotions, training, and any other term or condition of employment. The law covers both aspects of disparate impact and disparate treatment by the employer.
Under this case, Sandra is being fired due to her apparent unattractiveness and this, in broad terms, not related to the overall business strategy or bottom line of the employer. So, in prima facie, she has a case. However, the employer can demonstrate that the apparent unattractiveness is the reason of loss of viewers and hence the business and profitability and can have a valid defense in the later course of the litigation.