Employers that willingly hire older employees and later discharge them are unlikely to lose if they later face an age discrimination suit.
Recent case: David Young was 70 years old when he was hired as a respiratory therapist at the Daughters of Jacob Nursing Home. When he was fired five years later, he sued, alleging age discrimination.
The nursing home told the court that it fired Young because he improperly cared for a patient on a ventilator by delaying needed treatment.
The court dismissed Young’s lawsuit. It reasoned that there was no direct evidence of age discrimination, and that it made no sense that the nursing home would have hired a 70-year-old and then fire him five years later because of his age. (Young v. Daughters of Jacob Nursing Home, No. 09-CV-7475, SD NY, 2011)
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- Different punishments for different infractions are legit
- Use business necessity as rationale for pre-Employment exams