A 56-year-old female accountant for a large healthcare company applied for promotion to a posted assistant controller position. The accountant had earned a Masters in Accountancy, but had never become a Certified Public Accountant (CPA). The other candidate for the position, a 48-year-old male, had passed the required exams to become an active CPA, and had practiced as a CPA, but had allowed his certification to become inactive at the time of his application for the position. The qualifications for the position listed in the posting indicated that candidates must be a CPA. Both candidates were interviewed by a panel of company executives. The 48-year-old male was selected for the position in May 2016 since he had once been an active CPA. The accountant filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) in October 2016. During the course of cooperating with the EEOC’s resulting investigation, the company discovered the accountant had secretly maintained her own highly-organized electronic copy of approximately 100,000 pages of the company’s confidential financial records on her home computer. The company has no specific policy prohibiting the possession of such information, and the accountant had never been told not to keep her own copies of this type of confidential information. Nevertheless, the company terminated the accountant in December 2016. The stated reason was her unauthorized possession of the company’s confidential financial information. 1. What legal issues existed at the time the charge was filed with the EEOC? Would the accountant be able to establish a prima facie case of federal age and/or gender discrimination? EXPLAIN. 2. If the accountant filed an amended charge with the EEOC alleging retaliation, would she be able to establish a prima facie case based upon her termination? If so, would she be able to establish pretext if the company could meet its burden of articulating a legitimate non-retaliatory reason for her termination? EXPLAIN.

1. According to the qualification mentioned for the position, the candidate must be a CPA. But the female accountant has not qualified as a CPA and the other candidate is qualified CPA with experience though he allowed the certification to be inactive during application. The employment law allows selecting the applicant based on qualification without considering gender and age. Hence there are no legal issues existed at the time of filing charges with the EEOC. The accountant would not be able to establish a prima facie case of federal age and/or gender discrimination as the law requires the employee to be qualified for the position to establish prima facie and the female accountant is not qualified for the position.
2. The female accountant would be able to establish prima facie case based upon her termination as the employer has terminated her after filing the case with EEOC for discrimination while considering for promotion. The termination was not for a valid reason as the company terminated for keeping the confidential financial records which was not prohibited by company policies. Retaliation includes punishing the employee for filing law suit against the employer for discrimination and employer has tried to retaliate against the female accountant. The female accountant can establish pretext even if company provides legitimate reason for their action by explaining the situation that led to termination. She can prove that the company has taken the decision to terminate after her move against the company alleging discrimination. She can also prove that the record keeping is not prohibited by the company and hence the company cannot take action against her based on possession of company financial information. If the company tries to establish that the termination is based on performance, the female accountant can prove it false by providing her performance data and the fact that she was considered for promotion as her performance was good.
 
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