Chlystek v. Donovan: Age-Discrimination Lawsuit
“The Supreme Court has held that the selection guidelines in the federal government’s Uniform Guidelines on Employee Selection Procedures also apply to performance measurement” (Noe, Hollen beck, Gerhart, & Wright, 2011, p. 249). Locate a recent court case or lawsuit related to discrimination or unjust dismissal by a performance management system. Write a paper at least 500 words in length about the selected court case of lawsuit. You are required to use at least your textbook and a court case as source material for your paper. Be sure to include the following in your paper: A brief description of the selected court case or lawsuit. A discussion of the purpose of performance management. An analysis the criteria and methods used for measuring performance management in the court case or lawsuit. A discussion of the legal and ethical issues related to performance management in this court case or lawsuit. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations in APA form
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Chlystek v. Donovan: Age-Discrimination Lawsuit
The Chlystek v. Donovan case involves Edward Chlystek and the United States Department of Housing and Urban Development (HUD). Chlystek started to work for HUD as a housing representative in the year 1990. Two years later in 1993, Chlystek got a promotion and became the project manager (Cadrain, 2013). When he was aged 51 in the year 2006, Chlystek still held that position when the agency advertised for the position of a senior project manager. He presented his application for the job opening, providing very good performance and educational credentials: an MBA, a bachelor’s degree and 13 years of experience at HUD. Chlystek also had excellent job performance reviews. Nonetheless, HUD selected a younger candidate to fill the position: a person with only 2 years experience at HUD in his mid-20s with a bachelor’s degree. Chlystek filed a lawsuit against HUD for age discrimination (Cadrain, 2013).
The court in Michigan stated that the Age Discrimination in Employment Act actually makes it illegal for employers to take adverse actions against a worker basing upon the age of the worker. It also noted that the decisive issue in a case on age-discrimination is whether or not the employer’s proffered reasons for a decision on employment are only excuses for discrimination (Cadrain, 2013). The courthouse pointed out that Chlystek had provided evidence suggesting that the agency’s proffered reasons were an after-the-fact justification that really were not based on fact, did not motivate HUD in its selection and were not sufficient to warrant the failure to promote Chlystek (Cadrain, 2013).
The purpose of performance management (PM) is essentially to improve the productivity as well as work performance of teams, individual employees and organizations (Noe et al., 2011). Performance management describes the process established by a firm in order to ensure that every worker knows the performance level the organization expects of him or her in that particular job position, in addition to any objectives they would be required to accomplish to attain overall organizational objectives. PM drives behavior of an employee to align with the company&r...