Assignment on Workforce Reduction
Added on - 07 Oct 2019
1.How do you evaluate this approach to workforce reduction? What if (anything) didAbbott do right and what did he do wrong? What additional information do you needabout the downsizing effort in order to fully understand the process?The workforce reduction is not correct as it is evident that the early retirement program was usedas a method for laying off of employees. They analyzed that the people were eligible for earlyretirement program and laid them off. Abbott must have first asked for their opinion ofconsidering the retirement or to keep working.2.Three months after this meeting Garcia (age 58) and Lopata (age 55) were discharged.Based on the information provided, were Garcia and Lopota victims of age discrimination?Explain your answer. If necessary, what specific additional information do you requirebefore you can take your position? Provide a set of "if-then" propositions.What I personally agree with the fact that they were discharged on the basis of agediscrimination as an early retirement program is a method of laying workers off. As the companyhad 55 people over the age of 55 and therefore the company decided to consider Lopota andGarcia for early retirement.3.Must the company adhere to the WARN Act? How do they meet this obligation?The company should adhere to the WARN Act because they have to make financial cut downsand in order to do so, the company preferred early retirement program. Therefore, Garcia andLopota must have been given a 60 days' notice period when the mass layoff was expected. Since100 full-time employees are covered by the WARN ACT, the company was violating the rule bylaying off more employees.
4.How do you evaluate the fairness of this approach to downsizing? What are someexamples of possible difficulties with distributive and procedural justice?According to me, the approach of downsizing was not fair. People who were downsized wereeligible for the elderly retirement program. The possible difficulties coming up with distributiveand procedural justice are the retaliation using the destructive tactics against the supervisor.5.Is disparate impact theory applicable to downsizing decisions? If so, create some datathat would illustrate the use of this theory of discrimination?The company was aware of downsizing the company by 200 employees. The part of thedownsizing decision is the disparate impact because as they downsized their employees whowere eligible for the early retirement program unintentionally. The unintentional yet illegaldiscrimination on the basis of disproportionate negative impact on the protected group and itsmembers is called the disparate impact. In this case, the senior citizens were impacted.6.If prima facie evidence of age discrimination is found, what burden (if any) wouldBrooks Pharmaceutical have?The company discriminated on the basis of age and employees above 55 were discriminated.It can be considered that the company is discriminating on the age basis and laid off all theemployees of 55 and above age. Brooks Pharmaceutical needs to prove that downsizing ofeligible employees was taking place and the others were safe from it. However, it is highly clearthat downsizing took place on the basis of age only and age discrimination is clearly evident.Form 12.1.2