If you were the judge called on to make a decision on this case, what would your decision be, and why?

Discrimination lawsuits are rarely simple, because the employer will often argue that the person was fired due to, poor performance. Rather than discrimination. So, there's often a 'mixed mots, element to such situations. The facts of a case illustrate this (Burk. Cahformes Assam:mon of Medias, California Court of Appeals. Number 161513. Unpublished. 12/12/03). Tie facts were as follows. The California Association of Real-tors maintained a hotline service to, provide legal advice to real estate agents. One of the 12 lawyers who answered through hotline on behalf of the Association was a 61-year-old California attor-ney who Misled at the Association front 1989 to 2000. Until 1996 he received mostly good reviews and salary increases. At that time. An Association member began filing complaints about his advice. His supervisor told him to he more courteous and more thorough in providing advice. Two scans later, Association members were still complaining about this individual. Among other things. Association member who called in to deal with him filed complaints referring to him as space cadet.' 'Incompetent: and total jerk." Sul sequently. his supervisor contacted six Association members whom the 61-year-old lawyer had recently counseled; five of Ow six said they had had had experiences. The Association fired him for mistreating Association MC111- hers and providing inadequate legal Afhlre.

The 61-year Old lawyer sued the Association, claiming that the firing was age related. To support his claim, he noted, among other things, that one colleague had told him that he was 'probably getting close to retirement and that another colleague had told him that both he and another lawyer were 'getting older: The appeals court had to decide whether the Association fired the 61•yearold lawyer because of his age or because of his performance. Purpose: The purpose of this exercise is to proside practice in analyzing and applying knowledge of equal opportunity legislation to a real problem. Required Understanding: Be thoroughly familiar with the material presented in this chapter. In addition, read the preceding "space cadet case on which this experiential exercise is based.