Gus Atavist and the other candidates that were over the age of 40 were not consider for the new positions, therefore, showing that these antedates were being age discriminated against (He-man, Judge, Icemaker- Mueller, 2012). EPIC did not follow protocol on the listing the new position, interviewing or selecting the employees for the new CSS positions. EPIC did not post the position with the Job descriptions, therefore, not allowing candidates to know what the duties of the new positions were or allowing them to figure out if they met the qualification of the Job.
In the past Gus has always received outstanding remarks on his appraisals, therefore, should be consider for the new CSS position. He was overlooked because they stated that he lacked technical and communication skills that are needed for the position. However, there was not any written comments or suggestion in his personnel file that stated that he lacked technical or communication skills. Thus, there was no documentation of why he did not receive the position.
Past appraisals and personnel files of the candidates were not used until after the candidates were given the Job, therefore, the senior vice president of corporate claims (SPEC) and managers of corporate claims (MAC) did not know what the work ethics, skills and communication of the candidates were. The vice president of regional claims was not allowed to give any input on any of the candidates that worked under him. Thus, the candidates were not selected based on their qualifications or communication skills (He-man, Judge, Icemaker-Mueller, 2012).
The SPEC and the MAC took the list of the candidates, discussed the candidate with each other and evaluated them. The candidates were never evaluated based on qualifications technical or communication skills because the personnel files, appraisals and the input of the VRRP or human resources were never used. Job description was not posted or wrote up to describe the details of the positions, therefore, the SPEC and the MAC could not evaluate if the candidates were qualified for the Job. However, the only candidates that were offered position were the young candidates.
These candidates did not have more skills, education, and qualification than the other candidates because the SPEC and the MAC did not follow human resource protocol (He-man, Judge, Icemaker-Mueller, 2012). Age discrimination involves treating a person/candidate unfavorable because of his or her age. For an example, not hiring or promoting a candidate because of their age (Sheen & Klein, 2001). Thus, the only conclusion is that Gus and the other candidates who are over the age of 40 were discriminated against because of their age.
Rebuttal from the Viewpoint of EPIC Best Protection Insurance Company is in the process of restructuring. They have to eliminate regional center manager positions, however, they are increasing five new corporate claims specialist positions. Unfortunately, there are more position that are being eliminated than they are creating. Therefore, the ARC have to apply for the ewe positions if they want to stay with the organization. The SPEC and the MAC reviewed all the candidates. They looked at all the candidates’ qualification, technical and communication skills.
They selected those candidates who was the best candidates for the CSS positions and best for the organization to grow into the future. The personnel files, appraisals and the input from the VRRP were not needed in the first phase of promoting. The decision was made based on the experience that the SPEC and the MAC has working with the candidates. Based on the decisions the five candidates were offered the positions. After, the candidates were offered the positions the SPEC and the MAC did review the personnel files and the appraisals to make sure there was not discrepancy.
Unfortunately, Gus Atavist and the other candidates were not the best candidates for the position. Gus lacks the technical and communication skills that EPIC need to grow into the future. Gus and the other candidates were not discriminated because of their age. Thus, their age was never consider or evaluated during the entire process. If they did meet the requirements their age could have been an added value because of their experience. The CSS position is an established position within the EPIC Company.
Therefore, EPIC did not write a new Job description and qualification, since the positions was already created. The company is not creating a new Job, new Job description and new job qualifications. They are Just increasing the amount of CSS that they already have, therefore, a new Job description is not needed. Thus, the reason that the position was not posted, Job duties described and qualifications (He-man, Judge, Icemaker- EPIC is an equal employment opportunity employer and they do not discriminate against race, sex, or any other characteristics.
The company has not been accused of discrimination until now when not all the candidates did not receive the promotion to the CSS position. Gus Atavist and other candidates that were not chosen could not give examples of the younger employees being favored over them before in the past. Thus, EPIC does not discriminated against anyone, the only reason that age discrimination is being brought up is because Gus and the other candidates were not qualified and did not receive the promotion (Age Discrimination, 2014).
In conclusion, the candidates were reviewed and evaluated based on their lubrication, technical and communication skills. The SPEC and the MAC did their evaluation based on the past work experience. After the selection the personnel files and appraisal were review to make sure the candidates were the best candidates. Unfortunately, there was only five positions that were added and some employees were going to have lose their positions. Gus Atavist and the other candidates were not discriminated because of their age. They were not selected because they did not meet the requirements for the position.
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