Baker Vs. Silver Oak Senior Living Management: Case Study

ADEA refers to The Age Discrimination in Employment Act of 1967 and as the title states, its purpose is to ensure that employees over the age of 40 are not discriminated against during hiring, promotion, or termination based on their age (W). When reviewing the case of Baker vs. Silver Oak Senior Living Management the summary provided presents various specific details that point to a pattern of discrimination based on a bias of preferring younger employees. Ms. Baker was fifty-three at the time of firing and on medical disability, both of these factors would allow for protection through the US Equal Employment Opportunity Commission (EEOC) and specifically the ADEA. Employment related cases definitely require extensive documentation to assist

Baker’s accusation is based on statements made by others, disciplinary actions received, and potentially unfair and illegal firing practices. The evidentiary obstacles to proving age discrimination are quite significant and make it exceptionally difficult for an individual to prove such discrimination (Greenlaw & Kohl, 1997). Successful claims of age discrimination most often involve blatant, direct comments regarding an employee’s age, for example, referring to older workers as old goats and subjecting employees to increased harassment or false accusations (Tauro, 2014). There are always cases when an employer acts in such a disgusting or offensive manner, but generally employers are significantly smarter than this and understand the legal standards they are required to uphold. Unfortunately, Silver Oak Senior Living Management did behave in a brazen, unashamed manner in their comments regarding older employees and there distinct preference for younger employees. Ms. Baker’s previous performance as the Director and annual reviews potentially support her claim. Furthermore, the company and managers were contradictory in their explanations for Ms. Baker’s discipline and termination, providing evidence that the reasons tendered were not genuine and used to cover up inappropriate behavior, methods and practices of the

Understanding these biases can lead to better hiring practices. It is important to understand that older employees often welcome new ideas and ways of doing things; they are not inflexible and often exhibit real enthusiasm. They are subject to unfair generalized statements at times that can reflect our unconscious biases (Malinen & Johnston, 2013). Ultimately, as the judge in this case I would find in favor of the plaintiff. Evidence supports the assertion that Ms. Baker was subjected to age based discrimination and wrongfully terminated. Her rights under the EEOC were violated and she is subject to reparations. Finally, the over-arching goal for the organization should include fostering a culture of diversity and inclusion to avoid these lawsuits in the future. Silver Oak can complete a number of suggested items to reduce the risk of age discrimination lawsuits in the future. The organization’s actions and policies must remain in line with current legal guidelines and should support a culture of inclusion that does not discriminate. This begins with the process of recruiting. Recruiting should be aimed at attracting applicants of various backgrounds, including diverse age groups. Hiring and promoting practices must have an obvious foundation built on an applicant’s abilities, individual skill, and overall merit. These guidelines should work to ensure that all applicants are judged on the same