Carol Lorenz was employed by Tyson Foods, Inc. in Cherokee, Iowa, from October 1985 until December 6,
Question:
Carol Lorenz was employed by Tyson Foods, Inc. in Cherokee, Iowa, from October 1985 until December 6, 2012, when her employment was terminated. She was 62 years old at the time of her discharge. Tyson acknowledges that Lorenz performed her job duties competently but notes that her record included some behavioral and attendance issues. For instance, in October, 2012, Lorenz signed a Management Support Attendance Notification that itemized three alleged instances of tardiness during 2012. The document notes that Lorenz was just one attendance notification short of being discharged. On December 5, 2012, Lorenz was late again, this time by less than two minutes. She contends that she stubbed her toe that morning with enough force to make her believe she may have broken it. She did not call Tyson to report that she would be late. The following day, Lorenz was advised that she was being discharged because she had exceeded the maximum allowed tardiness. Lorenz had worked for Tyson for 27 years at the time her employment was terminated. Lorenz alleges that the tardiness was a pretext for age discrimination. Does she have a claim under the ADEA? What must she show to determine that her firing was a pretext for age discrimination?
Step by Step Answer:
Employment Law for Business
ISBN: 978-1259722332
9th edition
Authors: Dawn D. Bennett Alexander, Laura P. Hartman