Astea International has agreed to settle an Age Discrimination in Employment Act (ADEA) lawsuit for $175,000.
The EEOC brought the suit on behalf of 47-year-old Frank Fesnak, who was fired from his position as the Horsham-based company’s vice president of strategic alliances. Someone 15 years younger replaced him.
Note: The ADEA protects workers age 40 or older. Any time an employer replaces a protected worker with a younger one, it must show a legitimate, nondiscriminatory reason for the action.
In this case, Astea could not show any problem with Fesnak’s performance. In court, employers that can’t rebut an employee’s discrimination claim will lose. No doubt, the EEOC laid out that scenario when it convinced Astea to settle.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Beware state law that could cost you millions
- When religion causes a problem—or three—show why accommodating is a hardship
- 'Do As I Say' Department: Disability nonprofit sued for disability bias
- Don't delay, even for one day! Assault allegations demand response ASAP