Preview

Zippittelli V. J.C. Penney Company, Inc.

Better Essays
Open Document
Open Document
1104 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Zippittelli V. J.C. Penney Company, Inc.
Zippittelli v. J.C. Penney Company, Inc.

Zippittelli v. J.C. Penney Company, Inc. The plaintiff, who is 63 years old, brought this employment discrimination suit against her employer, J.C. Penney, after the company failed to promote her to the position of shift operations manager at the company 's Moosic, Pennsylvania Customer Service Center. She alleged violations of the Age Discrimination in Employment Act Title VII of the Civil Rights Act of 1964. She brought these claims against both the company and the PHRA claims against her supervisor at the Moosic center, James Johnson. She was the first associate hired at the new Customer Service Center in Moosic. James Johnson became personnel manager at the facility in March 1990. Johnson was promoted to manager of the call center in March 1999. After Johnson came to the facility, plaintiff frequently sought promotion to a management position. In 1990, she sought promotion to seasonal shift leader, also known as general lead clerk and was denied both positions. Plaintiff contends that after she complained in 1993 or 1994 to a supervisor about her lack of opportunity for promotion, Johnson told two of her co-workers that plaintiff would "never be promoted while he was there.” This template is formatted according to APA Style guidelines, with one inch top, bottom, left, and right margins; Times New Roman font in 12 point; double-spaced; aligned flush left; and paragraphs indented 5-7 spaces. The page number appears one inch from the right edge on the first line of each page, excluding the Figures page. The promotion decision about which plaintiff complains came in 2004. In the summer of that year, plaintiff applied for the shift operations manager job after Johnson informed her it had become available. (Twomey, 2010, pg. 527) At the time, she was working as a general lead clerk in the Call Service Center. (Twomey, 2010, pg. 527) She was one of four women all of whom had the same job title at the



References: http://www.fklaborlaw.com/faqs/employment-law-discrimination-eeoc.html Twomey, D. (2010). Labor & employment law: text and cases. South-Western Pub.

You May Also Find These Documents Helpful

  • Best Essays

    Citations: Alonzo v. New Mexico Employment Security Department, 101 N.M. 770, 772, 689 P.2d 286, 288 (1984)…

    • 4200 Words
    • 13 Pages
    Best Essays
  • Satisfactory Essays

    The issue: Plaintiff Anucha Brown Sanders is suing defendants MSG, Isiah Lord Thomas, and James Dolan, alleging that she was discriminated on the basis of her sex and terminated in retaliation for her sexual harassment complaint against MSG and Thomas. MSG counterclaimed against plaintiff for breach of fiduciary duty.…

    • 403 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    LIT1 Task 310

    • 695 Words
    • 4 Pages

    Facts of Situation B as it pertains to the Age Discrimination in Employment Act of 1967…

    • 695 Words
    • 4 Pages
    Satisfactory Essays
  • Good Essays

    In the case of Wittenburg v. American Express Financial Advisors, Inc. (AEFA), Bonnie Wittenburg was an employee for AEFA in their Minneapolis office. The plaintiff was hired by the company in November of 1998 at the age of forty-six to serve as an Equity Research Analyst in AEFA's Equity Investment Department. During a reduction in force by the defendant in 2003, the plaintiff was terminated. In January of 2004, the plaintiff filed a charge with the Equal Employment Opportunity Commission and received her Notice of Right to Sue on January 30, 2004. The plaintiff filed suit on February 13, 2004 alleging that she was discriminated and retaliated against by the defendant as a result of her age and gender. AEFA moved for a summary judgment.…

    • 463 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Facts: Ms. Deters, the plaintiff, sued Equifax, the defendant, in the United States District Court for the district of Kansas after being sexually harassed on several different occasions by three different co-workers and also the original male supervisor. Violating Title VII, prohibiting discrimination of employees based on race, color, religion, sex and national origin. Ms. Deters filed multiple complaints on the daily sexual harassment that had taken place at the office. Mr. Taylor indicated he would handle the sexual harassment, him being the highest managerial position in the office. Mr. Taylor was also designated by Equifax to enact its human resource policies. The courts entry of judgment in the favor of the employee denied the defendants motion on the issue of punitive damages. However, Equifax did not agree with the decision of the court and wanted a judgment as a mater of law de novo. Equifax litigates that the evidence was not in support of the punitive damages.…

    • 487 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Lit1 Task 2 Report

    • 1421 Words
    • 6 Pages

    2) Company X should have given Employee B the promotion offered instead to 33 year old employee on the basis of seniority and higher rated job performance. And finally, 3) Applicant C, who is disabled and wheelchair bound, cannot be denied employment because of a minor accommodation that would need to be made to two elevators within the six floor office. Company X cannot claim “undue hardship” because the company can, in actuality, afford the changes that would need to be made. Each situation was thoroughly reviewed and determined that the facts and the legal application that applied to each situation and to the…

    • 1421 Words
    • 6 Pages
    Better Essays
  • Better Essays

    Connell, Tula. (2007) Lilly Ledbetter Fair Pay Act Now in Congress. Retrieved June 17th. Retrieved…

    • 1002 Words
    • 5 Pages
    Better Essays
  • Better Essays

    To comply with the Age Discrimination in Employment Act, Mr. Stonefield’s limousine company cannot deny employment or terminate an employee over age if the employee is of the age of 40 and over. However, if an individual lacks necessary skill functions or has poor performance, who happens to be the age of 40 or over, the company is within its limits to terminate the employee. Because age is not a determining factor, the company is justified in terminating the…

    • 1409 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Second Case

    • 898 Words
    • 3 Pages

    This was a case brought to action by Joanne Zippittelli against her employer, J.C. Penney Company. Her defense for creating case was that she was overlooked for the position in question due to her age. Zippittelli was one of four women who applied for the position with the company. All four women had the same job title and when they were interviewed by the Personnel Manager, he determined that there were three candidates including the plaintiff qualified for the position. Johnson then ranked the applicants, making the plaintiff his third choice (Twomey, pg. 537). After a consultation with Johnson’s supervisor, he hired his first choice, Patti Cruikshank. Zippittelli had a conversation with her supervisor, Anita Benko about how she was overlooked. Benko asked Zippittelli how old she was at which time Zippittelli responded she was 63. Benko made the statement that she would “probably not” get the position. After having this conversation with her supervisor Zippittelli was convinced her age was to blame for her lack of success within the company. Zippittelli filed a complaint with the EEOC and received a right-to-sue letter. The Age discrimination in Employment Act prohibits discrimination against any individual over the age of 40 with respect to “compensation, terms, conditions, or privileges of employment, because of an individual’s age (Twomey, pg. 538).…

    • 898 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Chapter 5

    • 414 Words
    • 2 Pages

    I- Did the Transportation Agency taking sex into consideration when choosing to promote a female over a male violate Title VII?…

    • 414 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Employers must understand that the persons who evaluate and decide the outcome of employment discrimination cases (the EEOC investigator, federal or state judge, and/or jury) have keen senses of fairness and expect that employees will be treated in a fair manner. As a result, employers are exposed to substantial liability for any acts, including perceived acts, of discrimination in the workplace. Employers should take any charge of discrimination seriously and the employer must keep in mind that, at a minimum, it needs to have a legitimate, non-discriminatory reason for taking the action in question. In addition, an employer's response will be evaluated by persons who have a different perspective than the employer. What…

    • 964 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    The Fair Labor Standards Act is my selection for this paper because it has directly impacted my life. As a call center manager, I was deposed regarding a lawsuit claiming there had been a violation of the FLSA. As a potential witness in a pending lawsuit I am not allowed to give specific detail. The case is centered around a violation of the Portal to Portal Act of 1947 which was passed in response to court rulings regarding whether or not employees were due to be paid for “performing certain employment-related activities.” (Langston) Due to my involvement in this case, I developed an interest in the FLSA and this paper was an excellent opportunity for me to learn much more.…

    • 1706 Words
    • 7 Pages
    Powerful Essays
  • Powerful Essays

    First Union Case Study

    • 1741 Words
    • 6 Pages

    First Union Federal is a large savings and loan banking organization at which Meg Rabb has been employed with since she was 18. Meg has been recently promoted to Vice President of her division after serving the last five years as assistant V.P. At the time Meg was hired as an assistant V.P. there had not been a single female in the position of V.P. After a week in her new position, Meg was notified by her boss Dan Cummings that she would be moving into a new office. After three weeks of construction, Meg’s office was complete; however, only a day after settling in, Meg was summoned to her boss’ office yet again. She was informed that the First Union president had performed a walkthrough of the building and ruled that Meg’s office was too large and would have to be torn down and rebuild from the current 12 feet by 12 feet specifications down to the new 10 feet by 10 feet specifications outlined in the new regulations. Meg was angry and questioned herself how this would effect and damage her department’s morale, and how she could possibly lose the respect from her peers she worked so hard to earn. Meg also wondered if this had to do with her being a woman in a position of power – especially when her promotion came after an intervention from the Equal Employment Opportunity Commission (EEOC). The EEOC discovered that First Union did not have any female executives at or above the level of V.P. prior to Meg’s promotion and encouraged First Union to seek out qualified female candidates for promotion to executive status.…

    • 1741 Words
    • 6 Pages
    Powerful Essays
  • Better Essays

    References: EEOC. (2003). Retrieved Nov. 06, 2005, from Filing a Charge of Discrimination Web site: http://www.eeoc.gov.…

    • 1167 Words
    • 5 Pages
    Better Essays
  • Better Essays

    Legal Memorandum

    • 2136 Words
    • 9 Pages

    Our client Ima Shewin is a 45-year-old African American and has asked us to represent her in filing a prima facie discrimination case and applicable causes of action on her behalf. Shewin has advanced degrees in English and journalism from the University of Chicago and have been employed by The Blabber, a newspaper company in Atlanta, Georgia, for 10 years. Shewin started as an entry-level researcher. Two years later, she was promoted to a junior-level reporter position, and two years after that, to a senior-level reporter position. Shewin has now been a senior-level reporter for the last six years.…

    • 2136 Words
    • 9 Pages
    Better Essays