The employer’s actions were prompted by discriminatory intent since during the process of application for the vacancies all was asked to apply to / for consideration of their age limit. The only aspect of concern was only skills and knowledge for the CCS job that has been redesigned. The staffs to fill the new CCS arrangements were to be selected from claims function. It can be noted that Gus was working as a regional claim manager (RCM). So he had the skills and knowledge and also experience. Also among the selected CCS two of them were working under Gus therefore he was the one that mentored them. There was no comment to denote that Gus had no communication and technical skills. All the candidates promoted were all below 40 years and those who were above 40 years had not been considered. This shows that there was partiality during selection process where they considered the age limit and not the skills and knowledge as per the company stand.
Gus was not promoted to CCS position because of his age. This true since Gus had all it takes to be promoted to the position due to his skills, knowledge and experience. We can see that Gus and all other applicants that were above 40 years could not be considered for the positions yet they were RCMs As per there selection we perceive bias in the age as all selected candidates is below 40 years and none was picked from those above 40 years like Gus. No, Gus was not promoted to the new CCS position because of his age. This is because age was not a factor to consider in application process since all were invited to apply for the position in disregard of their age. Gus was even advised by his SVPCC to apply since his position was being eliminated. The communication skills and knowledge was key determinant of which candidates could fit the new position and roles.
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