1. Employment.Age.FIRST.
2. Note. Assume the following is in a memo between Spring Company employees. In other words, it is not something written by a judge.
3. Steven was an employee of Spring Company and was discharged when he was 51. He sued his employer claiming age discrimination. In support of his claim he has deposition testimony by five other former Spring employees who claimed that their supervisors had discriminated against them because of age. Three of the witnesses alleged that they heard one or more Spring supervisors or managers make remarks denigrating older workers. One claimed that Spring's intern program was a mechanism for age discrimination and that he had seen a spreadsheet suggesting that a supervisor considered age in making layoff decisions. Another witness testified that he had been given an unwarranted negative evaluation and "banned" from working at Spring because of his age, and that he had witnessed another employee being harassed because of her age. The final witness, a former Spring supervisor, alleged that Spring had required him to get permission before hiring anyone over age 40, and that after his termination he had been replaced by a younger employee, and that Spring had rejected his subsequent employment applications.
4. If this matter were to go to trial the issue would be: Was Steven fired because of his age? Under The Age Discrimination in Employment Act, found at 29 United States Code section 621, it is illegal for employers to discriminate against persons 40 years of age or older. In researching this law I determined that it was passed by the US Congress under its Commerce Clause power. Congress was of the opinion that the existence of arbitrary discrimination in employment because of age, burdens interstate commerce and the free flow of goods in commerce.The validity of the law has been upheld in many cases so it is unlikely we can win by arguing this law was an invalid exercise of federal government power.
5. In support of the Age Discrimination Act, Congress determined that older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs. Also, the setting of arbitrary age limits regardless of potential for job performance has become a common practice. The incidence of unemployment, especially long-term unemployment with resultant deterioration of skill, morale, and employer acceptability is, relative to the younger ages, high among older workers; their numbers are great and growing; and their employment problems grave. The purpose of the Age Discrimination in Employment Act is to promote employment of older persons based on their ability rather than age; to prohibit arbitrary age discrimination in employment; to help employers and workers find ways of meeting problems arising from the impact of age on employment.
6. This dispute presents an issue of fact for the jury to decide. If the jury believes the testimony of the witnesses, it may find that Steven was discharged because of her age. If they jury does not believe the testimony of the witnesses, it may enter a decision that Steven was not discharged because of age but for some other reason.
7. The existence of this factual issue makes this a risky matter to take to trial. I would recommend we attempt to settle this matter.

1. FIRST QUESTION.If this matter were to go to trial, thevalueissue would be. ________________.
2. a.Was Steven discriminated against because of her age?
3. b.Is the Age Discrimination Act a valid exercise of federal government power?
4. c.Can Steven win her claim of age discrimination?
5. d.What law applies to this situation?

QUESTION 5

1. Same passage as above. You have not been given a conclusion to the value issue raised. Why not?
2. a.The facts must first be determined by a jury.
3. b.This is a factual argument.
4. c.This is not a legal argument.
5. d.No issue has been raised in the argument.

QUESTION 6

1. Same passage as above. What is afactualissue raised in the argument?
2. a.Does the Age Discrimination in Employment Act apply?
3. b.Why was the Age Discrimination in Employment Act adopted by Congress?
4. c.Why was Steven fired?
5. d.Was Steven fired?