Cast:

Kari—a 31-year-old office manager
Joe—a 28-year-old office worker
Susan—a 53-year-old analyst
Elizabeth—the HR department manager

Scene:

In Kari’s office. Kari is on the telephone,wiping spilled coffee off her blouse.

KARI: No, as a matter of fact, this is not a good time. I justwalked through the door and spilled coffee on myself. I have animportant meeting to get to, and I need to pull some thingstogether to get ready. I’ll call you back.

Kari hangs up the phone as Joe walks into heroffice.

JOE: Knock, knock. What happened to you? You look terrible.

KARI: Geez, thanks. I bet you say that to all the girls. I’mlate, scalded, and generally irritable. What do you want?

JOE: I’ve got a question. Are you still planning on using thatPowerPoint deck for the meeting with the execs today?

KARI: Yes, why?

JOE: Because Susan actually hasn’t put it together yet. You knowshe made some big mistakes last time. It cost the company a lot ofmoney to fix it for the client—not to mention our reputation takinga hit.

KARI: What?! She’s known about it for three days!

JOE: I know, I heard her yesterday, griping about it. Sayingshe’s got too much to do and she doesn’t know what her prioritiesshould be and she hasn’t had the training or feedback.

KARI: Aww, gimme a break . . . she’s always got anexcuse!

JOE: She’s just too slow. She doesn’t understand oursoftware.

KARI: You know, when she applied for this job, she said shecould multitask, but that woman cannot blink and breathe at thesame time. She completely screwed up last month’s budgetbecause—get this—she said she’s not that great at Excel. I mean,hello? This is the age of computers, granny! It’s half the job!

Kari calls Susan on the telephone.

KARI: Susan, I need you in my office. . . now!

Joe hears Susan’s muffled assent, and Kari hangsup.

JOE: What are you going to do?

KARI: Do me a favor, would you? Just get Mary to throw thatPowerPoint deck together. I’ll handle Susan.

Susan leave Kari’s office. Kari gets on the telephone andcalls HR.

KARI: Hello, Elizabeth. Kari here. Listen, I finally firedSusan. I’m calling to let you guys in HR know.

Pause, Elizabeth speaking but unheard.

KARI: Well, I didn’t think I needed to call security. You know,I like to keep things informal.

Pause, Elizabeth speaking but unheard.

KARI: What do you mean, other warnings? I’ve called her out manytimes for her mistakes. No, we’ve never had a disciplinary meetingor whatever . . . she just screws everything up. She’s way tooslow. And get this—she just called me a jerk!

Pause, Elizabeth speaking but unheard.

KARI: What? How many employees in my department are over 40years old? None, now that I’ve fired Susan.

Pause, Elizabeth speaking but unheard.

KARI: I do not have a problem with older people. I hiredher.

Pause, Elizabeth speaking but unheard.

KARI: What a stupid question. I have had sensitivity training.WITH YOU!

Pause, Elizabeth speaking but unheard.

KARI: Yeah, she did just get back from taking family and medicalleave for two weeks to care for her daughter, who was sick withcancer. Now you’re worrying too much.

Pause, Elizabeth speaking but unheard.

Elizabeth hangs up the telephone on Kari.

KARI: Hello, Elizabeth, are you there?

In this scenario, Kari makes light of the Employee Handbook.Kari should not do this, because under federal employment law, acompany’s Employee Handbook ______________.

• Is always interpreted in favor of the employee over theemployer
• Protects workers over 40 years of age under the AgeDiscrimination in Employment Act
• Can be an implied contract to which the employer and theemployee are bound
• Provides triple damages in age discrimination cases

Susan tries to explain to Kari that her job duties were unclear.If Susan sues for discrimination under the ADEA, this fact__________.

• May help Susan if employees under 40 years old were givenexpress instructions about job duties and she was not
• Is irrelevant to the case
• Will not help her, because it was Susan’s duty to ask about herjob performance
• Provides a defense for Kari and her company