Seasons 52 Discrimination Lawsuit
Season 52 faced a class-action discrimination lawsuit in 2015. The claimants accused the restaurant of discriminating them based on their ages. These individuals claimed that the interviewers denied them employment because they were older. The case was brought in 2015 by Anthony Scarnavaccam aged 51, and Hugo Aldaro, aged 42 (Castrodale, 2018). However, when the case commenced, they were able to get 254 applicants who span across the stores throughout the country. The earliest of these cases was in 2010. The case depended on testimonies from the different applicants who were subjected to discrimination during the interviews. The applicants provided that the interviewers would tell them. For example, Cheryl Machado who was told that the restaurant needs fresh, vibrant, and healthy employees and further showed form-fitting, tight uniform (Castrodale, 2018). However, when the company denied the allegation. In 2018, they decided to settle the matter but they still settled, for $2.8 Million, claiming it was for the best interest for all the parties.
Season 52 decided to use a mixture of in-person interviews and cultural fit selection process. This is because they were able to meet the various applicants and from these interviews, they would see who best fits their caliber. They allowed all the applicants whom they deemed fit to come into their interviews with a hope that they could get a chance to join their company.Seasons 52 Discrimination Lawsuit
In-person interviews are a form of hiring process that allows the applicants to avail themselves to the recruiter. As the hirer interacts with these individuals, then they will know whether this person was best-suited to allow the company to achieve its goals and objectives. In most cases, it is expected that the recruiter is supposed to go with an idea of the ideal candidate, but they should still be open-minded as to whom they would want to join their company. This is where the interviewer ends up invoking the use of the cultural fit selection process. It is a process that they believe would allow them to make better decisions in the long run. They have an array of questions that are meant to give them an idea of the candidate’s values and whether or not if this individual fit their organizational culture.
In Season 52’s case, how they handled this problem was deemed unethical and discriminatory. In particular, it violated the Age Discrimination in Employment Act (ADEA), which was meant to protect individuals who are over 40 years and they have been denied jobs mainly because of their ages. For instance, it was evident that the company claimed that they had a particular clientele, who would only be attracted in cases that they have a particular workforce. However, 29 U.S.C. § 623(f) (1), talks about the bona fide occupational qualification. The restaurant could have relied on this exemption if it had met the threshold. Therefore, they imposed an unethical hiring process.
Conclusively, the Human Resource Manager is supposed to come up with proper ways of ensuring that the company can achieve its set goals and objectives. These will include factors such as motivating the employees and helping them in developing skills. However, looking at Season 52’s case, as the employees join the company and age, they are constantly looking for an exit plan. The fact that they know that the company is less-welcoming to the older generation, they are sure that they are next. Thus, it ends up being a demotivating factor for them.Seasons 52 Discrimination Lawsuit
Castrodale, J. (2018, May 8). Restaurant Chain Must Pay $2.85 Million Settlement for Allegedly Refusing to Hire ‘Old White Guys’. Retrieved from Vice: https://www.vice.com/en_us/article/8xe4gx/restaurant-chain-must-pay-dollar285-million-settlement-for-allegedly-refusing-to-hire-old-white-guys