Case Application 3: TEAM FUN!

Tony, the new director of human resources, and Edna, the compensation and benefits manager, are hanging employment legislation posters in RETREAT, the TEAM FUN! employee cafeteria. Edna offers, “I remember some woman who applied for a job to advertise men’s baseball gear and sued when she didn’t get the job. The EEOC said she had no case. A couple of years ago, we moved Fred from fitness demos to stock management because he couldn’t do the treadmill or lift the big weights anymore. There was talk about an age discrimination case because he was 57, but that never went anywhere.”

Tony asks, “Do you realize that all of the warehouse workers are male and all the RETREAT workers are female?”

Edna replies, “What’s your point?” Tony waves his hand at the EEOC information they have displayed. Edna shrugs, “This is the best job I ever had. If you ask anyone else who works here, they will say the same thing.”

Questions:

1. What is the probable defense for the baseball gear job (BFOQ, 4/5ths rule, glass ceiling)? Explain.

2. Why didn’t Fred’s age discrimination case go anywhere?

3. Is TEAM FUN! open to discrimination charges in other areas?

4. What should be done to protect TEAM FUN! from discrimination charges?