Lucky’s Marketing Firm has over 45 employees and has offices in 3 states. Jose, a 49-year-old Hispanic person, has worked at Lucky’s for 8 years. A new operations manager is hired. His strategic approach to management leads him to believe that clients are better served by younger staff because they are likely to be more familiar with more recently developed technology. Lucky’s advises Jose that they are reorganizing their operations and that his position will not be included in the new company. Later, Jose finds out that all of the clients he served during his time with the company have been assigned to a newly hired recent IT graduate, Lorenzo, a 22-year-old person of Italian heritage. Jose also finds out that no changes have been made to his prior job responsibilities. Jose wants to file a discrimination lawsuit. 1. Do the facts provided meet the requirements for establishing a prima facie case for any form of discrimination? What kind of discrimination? 2. How does a person begin a lawsuit such as this? 3. Once a prima facia case has been established, who now has the burden of proof?
Lucky’s Marketing Firm has over 45 employees and has offices in 3 states. Jose, a 49-year-old Hispanic person, has worked at Lucky’s for 8 years. A new operations manager is hired. His strategic approach to management leads him to believe that clients are better served by younger staff because they are likely to be more familiar with more recently developed technology.
Lucky’s advises Jose that they are reorganizing their operations and that his position will not be included in the new company.
Later, Jose finds out that all of the clients he served during his time with the company have been assigned to a newly hired recent IT graduate, Lorenzo, a 22-year-old person of Italian heritage. Jose also finds out that no changes have been made to his prior job responsibilities.
Jose wants to file a discrimination lawsuit.
1. Do the facts provided meet the requirements for establishing a prima facie case for any form of discrimination? What kind of discrimination?
2. How does a person begin a lawsuit such as this?
3. Once a prima facia case has been established, who now has the burden of proof?
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