John Jones recently had purchased an old warehouse with the intent of converting it to a lumber yard. Jones had little experience in managing a private business, but had good knowledge concerning all phases of building and lumber requirements. Jones had limited capital so he had to keep his starting expenses to a minimum. After the building was converted and he had his inventory in stock, Jones went through the process of hiring his personnel.
Jones’s intention was to manage and supervise the whole operation himself so he could keep expenses to a minimum. His primary objective was to hire people to stock lumber and assist customers in loading their vehicles with their purchases. Jones ran the following advertisement in the local newspaper.
HELP WANTED — young men needed in lumber yard to load lumber and assist customers in their purchases. Much heavy lifting is involved.
Jones was careful to word his company’s application forms so as to avoid any problems of racial discrimination. One applicant, Jim Smith, had experience in the lumber business and impressed Jones with his knowledge, but Jones was hesitant in hiring him because of his physical condition and age. Jones conducted an employment interview with Smith and made the following written comments on Smith’s application: “Is qualified, but appears to be out the physical shade.”
During his interview with Jim Smith, John Jones explained to Smith that he was looking for young men to fill his positions, and that’s Smith’s age (forty-five) was a cause for concern. Jones went on to explain that there was a lot of heavy lifting involved, and he wanted younger men who had the stamina needed for a lumber yard. Jones did tell Smith that if he were to get a haircut and improve his physical appearance, there might be a position at the customer service counter where he would be dealing with the public. According to Jones, although this position paid slightly less, it would be more reasonable for a man of Smith’s condition and age. Smith left without making a decision.
John Jones felt confident that he had given Smith a reasonable opportunity to accept a position and felt justified in not allowing a person in obviously poor physical condition to take a job that involved strenuous physical activity and exertion. Further, Jones was insistent in wanting his employees to look presentable to the buying public.
Several days later, John Jones received a notice from the local office of the equal employment opportunity commission that a Mr. James Smith had filed age–discriminationcharges against Jones for not hiring him in the lumber yard.
The point of the paper is to research on age discrimination, and to prove that the above situation is in fact an example of age discrimination.
