Background Material for Palm Beach County

Palm Beach County has requested your opinion regarding an alleged violation of the Age Discrimination in Employment Act. Mr. Bryce Zlmpfer, age 52, has been an employee of the county for 16 years in the employee relations area. The Department of Human Resources posted a job vacancy for employee relations manager (see Exhibit 3.1.2), and Mr. Zimpfer applied for the position. The department filled the position with Mr. Brad Merriman, age 33, an outside applicant with less experience in employee relations than Mr. Zimpfer. After filing a timely complaint with the EEOC, Mr. Zimpfer retained Ms. Lynn Szymoniak, an attorney who is now attempting to reach a settlement with the division's legal staff. In preparation for these negotiations, the attorney asked an industrial psychologist, Dr. Marcy Josephs, to examine the resumes of the job applicants and submit a report as to whether Mr. Zimpfer was more qualified for the position than Mr. Merriman. Dr. Josephs submitted a report and concluded that on the basis of her resume analysis, Mr. Zimpfer was more qualified for the position than Mr. Merriman (see Exhibit 3.1.3)

Mr. Zimpfer believes that he was not offered a position at Palm Beach County because of age discrimination. Read the Zimpher case description and answer the following questions. (The case can be found in Weekly Module 2 and in Week 2 Course Documents)

1. Was Mr. Zimpfer a victim of illegal age discrimination according to ADEA and case law? Explain your position. Cite relevant court cases to justify your position. If you are undecided, explain why.
2. What (if any) further information should be ascertained before the county fully understands the legal implications of its actions?
3. Who has the ultimate burden in proving age discrimination in this case and what is that burden?
4. What policies should the county adopt to reduce the possibility of age discrimination suits in the future?
5. Could Palm Beach County be vulnerable to a future ADEA lawsuit using disparate impact theory? If so, who would have the ultimate burden in such a case and what would the burden be? What critical Supreme Court ruling is relevant to this question?

Exhibit 3.1.2 Job Vacancy Position Description: Employee Relations Manager . NATURE OF WORK This is professional personnel and labor relations work developing and managing programs and activities to enhance relationships between management and employees; to promote employee greater producting, and quality of work life; to develop in the workforce, and to achieve sound labor/management working relationships. Work is of a highly responsible nature, requiring considerable independent judgment and decision-making. Work is performed under the direction of the Director, Employee Relations and Personnel, and is reviewed through conferences, reports, and results achieved. EXAMPLES OF WORK Initiates and manages programs that aim to improve communication and participation. These may be employee orientation meetings, committees, attitude surveys, suggestion boxes, awards programs, newsletters, newspapers, handbooks, benefits brochures, and other media such as posters or payroll stuffers that communicate policies and practices to employees. dissatisfactions with policies or working conditions. These include t and grievance procedures, communication of these to employees; and adequate follow-up with management to resolve problems. Initiates procedures for reviewing adverse actions taken by supervisors to ensure that such actions are fair. Investigates the of is appropriate. Directs and trains supervisors in discipline and Develops and ) monitors performance review systems, employee assistance programs, incentive/awards programs, circles, and others whose purpose is to motivate workers toward productivity Initiates programs to improve the quality of supervision, primarily training programs to improve knowledge of effective supervisory practices. May develop and present training programs for supervisors. May write and disseminate supervisors' handbooks or manuals, Assists the Director in interpreting the provisions of labor contracts to supervisors. May conduct supervisory training sessions in contract administration. Reviews and recommends policy and benefit changes to the Director that are needed to enhance employee/management relations. Audits and approves personnel actions when applicable to ensure compliance with policies. May supervise counselors or specialists in carrying out these employee relations activities. Performs related work as required. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES Thorough working knowledge of federal and state laws affecting public personnel administration and labor relations. Thorough knowledge of merit system principles and policies. Knowledge of organization and functions, Knowledge of the principles of management and supervision Ability to organize work and supervise professional staff. Ability to write and interpret correspondence and reports. Ability to speak to a wide variety of groups and present ideas effectively. Ability to deal tactfully and persuasively with staff, employees, supervisors, administrators, and union officials. Ability to conduct personal and investigative interviews. Ability to interpret complex legal cases and documents, Ability to conduct independent research and analysis. MINIMUM ENTRANCE REQUIREMENTS Graduation from an accredited college or university with major course work in Human Resources Management, Industrial Relations, or Labor Relations, or closely related field; considerable progressively responsible experience in employee or labor relations; or any equivalent combination of related training and experience. . discharge procedures greater Exhibit 3.1.3 CULLEN & SZYMONIAK, P.A. ATTORNEYS-AT-LAN 1030 Lake Avenue Lake Worth, Florida 33460 (561) 585-4666 MARK A. CULLEN October 25 LYNN 3. SZYMONIAK Marcy M. Josephs, Ph.D. 10475 Northwest Michigan Avenue Birmingham, Michigan 48275 Dear Dr. Josephs: I am very pleased that you are available to assist us with the Bryce Zimpfer case. Please find enclosed the following documents: 1. The job announcement, announcing the position of Employee Relations Manager; 2. A job description for the position of Employee Relations Manager; 3. Copies of the newspaper ads announcing this position; 4. A Referral List listing the candidates chosen for an interview for the position of Employee Relations Manager; 5. The resumee, cover letters, and applications of the applicante listed on the referral list; and 6. The application and resume of Bryce Zimpfer. Based on your review of the above documents, please advise me: 1. Whether Mr. Zimpfer'a qualifications equalled or exceeded the qualifications of the applicants selected for an interview; and 2. In particular, whether Bryce Zimpfer's qualifications equalled or exceeded the qualifications of J. Brad Merriman-the candidate ultimately selected for the position. The experts' reports are to be exchanged on this case on November 12. Thank you ayain for your assistance. Yours truly, Exhibit 3.1.4 MARCY MILLER JOSEPHS, PH.D. INDUSTRIAL PSYCHOLOGIST 10475 NORTHWEST MICHIGAN AVENUE BIRMINGHAM, MICHIGAN 48275 November 13 Lynn B. Szymoniak, Esq. Cullen & Szymoniak, P.A. 1030 Lake Avenue Lake Worth, FL 33460 Dear Ms. Szymoniak: The purpose of this letter is to respond to your request for expert opinion in matters related to Bryce Zimpfer. In your letter of October 25, you requested that I render an opinion regarding the following: 1. Whether Mr. Zimper's qualifications equalled or exceeded the qualifications of the applicants selected for an interview and 2. In particular, whether Bryce Zinpfer's qualifications equalled or exceeded the qualifications of J. Brad Merriman-the candidate ultimately selected for the position. In rendering my opinion. I have reviewed the following documents: 1. The job announcement from Palm Beach County announcing the position of Employee Relations Manager: 2. A job description for the position of Employee Relations Manager ; 3. Copies of the newspaper ade announcing this position; 4. A Referral List prepared, listing the candidates chosen for an interview for the position of Employee Relations Manager; s. The resumes, cover letters, and applications of the applicants listed on the referral list; and 6. The application and resume of Bryce Zimpfer. Based on my review of the aforementioned documents, I have the following opinions : 1. Mr. Zimpfer's qualifications equalled or exceeded the qualifications of several of the applicants aelected for an interview; and 2. Mr. Zimpler's qualifications exceeded the qualifications of Mr. J. Brad Merriman. Exhibit 3.1.4 (Continued) FIGURE 1 Schwab x X X X X X PROGRAMS AND ACTIVITIES ANALYSIS Programs/Activities Zimpfer (52) Atkinson (28) Bender (40) Bledsoe Merriman (33) Performance appraisals Employee assistance Employee benefits Employee publications Counseling and discipline Grievance procedures Attendance and leave policy Layoff policy Unemployment compensation Contract administration Totals Ages (where available) are in parentheses X X X X X X X x X X 9 3 5 5 6 2 FIGURE 2 WORK SAMPLE ANALYSIS Zimpfer Atkinson Bender Bledsoe Merriman Schwab X X X X X X X Examples of Work Employee orientation Attitude surveys Suggestion boxes Awards program Newsletters Handbooks Benefits brochure Grievance procedures Disciplinary action Supervisory training Interpreting labor contracts Policy and benefits Audits and approves personal actions Totals X X X X X X X X X X X X X X X 8 8 s 3 5 FIGURE 3 KNOWLEDGE, SKILLS, AND ABILITIES ANALYSIS Zimpfer Atkinson Bender Bledsoe X X X X X X Merriman Schwab State and federal law Ability to speak to variety of groups Conduct interviews Interpret complex legal cases and documents Conduct independent research X X X X X Totals 3 3 4 2 2 5 Exhibit 3.1.2 Job Vacancy Position Description: Employee Relations Manager . NATURE OF WORK This is professional personnel and labor relations work developing and managing programs and activities to enhance relationships between management and employees; to promote employee greater producting, and quality of work life; to develop in the workforce, and to achieve sound labor/management working relationships. Work is of a highly responsible nature, requiring considerable independent judgment and decision-making. Work is performed under the direction of the Director, Employee Relations and Personnel, and is reviewed through conferences, reports, and results achieved. EXAMPLES OF WORK Initiates and manages programs that aim to improve communication and participation. These may be employee orientation meetings, committees, attitude surveys, suggestion boxes, awards programs, newsletters, newspapers, handbooks, benefits brochures, and other media such as posters or payroll stuffers that communicate policies and practices to employees. dissatisfactions with policies or working conditions. These include t and grievance procedures, communication of these to employees; and adequate follow-up with management to resolve problems. Initiates procedures for reviewing adverse actions taken by supervisors to ensure that such actions are fair. Investigates the of is appropriate. Directs and trains supervisors in discipline and Develops and ) monitors performance review systems, employee assistance programs, incentive/awards programs, circles, and others whose purpose is to motivate workers toward productivity Initiates programs to improve the quality of supervision, primarily training programs to improve knowledge of effective supervisory practices. May develop and present training programs for supervisors. May write and disseminate supervisors' handbooks or manuals, Assists the Director in interpreting the provisions of labor contracts to supervisors. May conduct supervisory training sessions in contract administration. Reviews and recommends policy and benefit changes to the Director that are needed to enhance employee/management relations. Audits and approves personnel actions when applicable to ensure compliance with policies. May supervise counselors or specialists in carrying out these employee relations activities. Performs related work as required. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES Thorough working knowledge of federal and state laws affecting public personnel administration and labor relations. Thorough knowledge of merit system principles and policies. Knowledge of organization and functions, Knowledge of the principles of management and supervision Ability to organize work and supervise professional staff. Ability to write and interpret correspondence and reports. Ability to speak to a wide variety of groups and present ideas effectively. Ability to deal tactfully and persuasively with staff, employees, supervisors, administrators, and union officials. Ability to conduct personal and investigative interviews. Ability to interpret complex legal cases and documents, Ability to conduct independent research and analysis. MINIMUM ENTRANCE REQUIREMENTS Graduation from an accredited college or university with major course work in Human Resources Management, Industrial Relations, or Labor Relations, or closely related field; considerable progressively responsible experience in employee or labor relations; or any equivalent combination of related training and experience. . discharge procedures greater Exhibit 3.1.3 CULLEN & SZYMONIAK, P.A. ATTORNEYS-AT-LAN 1030 Lake Avenue Lake Worth, Florida 33460 (561) 585-4666 MARK A. CULLEN October 25 LYNN 3. SZYMONIAK Marcy M. Josephs, Ph.D. 10475 Northwest Michigan Avenue Birmingham, Michigan 48275 Dear Dr. Josephs: I am very pleased that you are available to assist us with the Bryce Zimpfer case. Please find enclosed the following documents: 1. The job announcement, announcing the position of Employee Relations Manager; 2. A job description for the position of Employee Relations Manager; 3. Copies of the newspaper ads announcing this position; 4. A Referral List listing the candidates chosen for an interview for the position of Employee Relations Manager; 5. The resumee, cover letters, and applications of the applicante listed on the referral list; and 6. The application and resume of Bryce Zimpfer. Based on your review of the above documents, please advise me: 1. Whether Mr. Zimpfer'a qualifications equalled or exceeded the qualifications of the applicants selected for an interview; and 2. In particular, whether Bryce Zimpfer's qualifications equalled or exceeded the qualifications of J. Brad Merriman-the candidate ultimately selected for the position. The experts' reports are to be exchanged on this case on November 12. Thank you ayain for your assistance. Yours truly, Exhibit 3.1.4 MARCY MILLER JOSEPHS, PH.D. INDUSTRIAL PSYCHOLOGIST 10475 NORTHWEST MICHIGAN AVENUE BIRMINGHAM, MICHIGAN 48275 November 13 Lynn B. Szymoniak, Esq. Cullen & Szymoniak, P.A. 1030 Lake Avenue Lake Worth, FL 33460 Dear Ms. Szymoniak: The purpose of this letter is to respond to your request for expert opinion in matters related to Bryce Zimpfer. In your letter of October 25, you requested that I render an opinion regarding the following: 1. Whether Mr. Zimper's qualifications equalled or exceeded the qualifications of the applicants selected for an interview and 2. In particular, whether Bryce Zinpfer's qualifications equalled or exceeded the qualifications of J. Brad Merriman-the candidate ultimately selected for the position. In rendering my opinion. I have reviewed the following documents: 1. The job announcement from Palm Beach County announcing the position of Employee Relations Manager: 2. A job description for the position of Employee Relations Manager ; 3. Copies of the newspaper ade announcing this position; 4. A Referral List prepared, listing the candidates chosen for an interview for the position of Employee Relations Manager; s. The resumes, cover letters, and applications of the applicants listed on the referral list; and 6. The application and resume of Bryce Zimpfer. Based on my review of the aforementioned documents, I have the following opinions : 1. Mr. Zimpfer's qualifications equalled or exceeded the qualifications of several of the applicants aelected for an interview; and 2. Mr. Zimpler's qualifications exceeded the qualifications of Mr. J. Brad Merriman. Exhibit 3.1.4 (Continued) FIGURE 1 Schwab x X X X X X PROGRAMS AND ACTIVITIES ANALYSIS Programs/Activities Zimpfer (52) Atkinson (28) Bender (40) Bledsoe Merriman (33) Performance appraisals Employee assistance Employee benefits Employee publications Counseling and discipline Grievance procedures Attendance and leave policy Layoff policy Unemployment compensation Contract administration Totals Ages (where available) are in parentheses X X X X X X X x X X 9 3 5 5 6 2 FIGURE 2 WORK SAMPLE ANALYSIS Zimpfer Atkinson Bender Bledsoe Merriman Schwab X X X X X X X Examples of Work Employee orientation Attitude surveys Suggestion boxes Awards program Newsletters Handbooks Benefits brochure Grievance procedures Disciplinary action Supervisory training Interpreting labor contracts Policy and benefits Audits and approves personal actions Totals X X X X X X X X X X X X X X X 8 8 s 3 5 FIGURE 3 KNOWLEDGE, SKILLS, AND ABILITIES ANALYSIS Zimpfer Atkinson Bender Bledsoe X X X X X X Merriman Schwab State and federal law Ability to speak to variety of groups Conduct interviews Interpret complex legal cases and documents Conduct independent research X X X X X Totals 3 3 4 2 2 5