Kevin Quinn was a 60-year old engineer who had worked for Mongo Project Corporation for thirty years. Quinn was approached by Mongo to work as manager of engineering on the Jumbo Project, a two-year project constructing an industrial city in Saudi Arabia. The project was to be performed by Saudi Arabian Mongo Company (SAMCO), a Mongo foreign subsidiary, for the Royal Commission, an organ of the Saudi government. The Royal Commission retained the right in its contact with SAMCO to remove or replace any SAMCO personnel at its sole discretion. Quinn accepted the offer, viewing the position as the final "jewel in the crown" of a successful career. SAMCO submitted Quinn's resume, which included his date of birth, to the Royal Commission, and he was approved for the job.
Before leaving for Saudi Arabia, Quinn signed a "Recital of International Employment Conditions," which stated: "Your assignment is for an indefinite period; and, assuming your performance is satisfactory, the assignment will continue until Mongo advises you that your services are no longer required, in which event you will be given a minimum of four weeks written notice of assignment completion."
When Quinn arrived in Saudi Arabia, he was informed by Michael Hammer, SAMCO's program director for the Jumbo Project, that Quinn was going to have a problem because his grey hair showed that he was "over fifty," and people over fifty were "regarded with suspicion" in Saudi Arabia. (Saudi Arabian law does not prohibit employment discrimination on the basis of age.) Shortly after Quinn's arrival, Hammer received a letter from the deputy director of the Royal Commission stating that Quinn did not satisfy the Commission's requirements and should be replaced as soon as possible. As a result, Hammer immediately took Quinn off the project.
After he retuned to the U.S., Quinn was depressed and withdrawn as a result of his dismissal. Mongo offered him many other projects, but he turned them down. Quinn then sued Mongo Corporation, claiming that his employment on the SAMCO Jumbo Project was terminated because of his age.
1. What are the legal issues in this case? If you were the judge, how would you rule? Be sure to cite the relevant law to support your views.
2. Did Hammer and Mongo act ethically? Would you have acted differently? Be sure to support your response with reference to ethical theories.