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Employment Law- Assignment 4

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FACTS

Fifty-five-year-old Sabrina Houston had been working as the Chief Elections Advisor in her county for the last 5 years. She began working at the Elections center as a receptionist after high school, and worked her way up to the top. The Chief Elections Advisor position requires a college degree, and completion of a six-month training course, but this was overlooked as MS. Houston made her way to the top. The Regional Elections Advisor was fired due to the fact the he was not supervising the Elections Advisors on the county level properly. As a result, all of the Chief Elections Advisors throughout the various counties in the state were fired, and they had to reapply for their positions. When Ms. Houston reapplied for her job, she was told that she was not qualified for the position.
After an extensive interviewing process, sixty-year-old Roberta McIntosh was hired to take over Ms. Houston’s position. Her references spoke highly of her; she interviewed well; and Ms. McIntosh had a bachelor’s degree in political science, and had completed two training courses in “Local Elections and Politics.” Ms. Macintosh had done previous work as an Assistant Elections Advisor.
Ms. Houston is filing suit against her employer based on the fact that they did not re-hire her for the position based on her age. Ms. Houston claims that she is qualified for the job and was overlooked due to age. Based on these facts, draft a brief memorandum that outlines whether Ms. Houston will be able to make out a prima facie case for age discrimination to show disparate treatment.

ISSUE
The issue is whether Ms. Houston can prove sufficient disparate treatment for a prima facie case of discrimination.

RULES
In Murphy v. GE, 240 F. Supp. 2d 459 (US District, 2003), the court detailed the elements of disparate treatment based on age discrimination.
“To show disparate treatment the

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