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Age difference of six years or less destroys employee’s age-bias claim.

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in Discrimination and Harassment,Human Resources,Leaders & Managers,Management Training

A 54-year-old supervisor's management duties were handed to a 48-year-old employee. The supervisor sued under the Age Discrimination in Employment Act. A federal appeals court tossed out the case. Court's reason: The employee wasn't replaced by a person "significantly younger." To help other courts decide this issue in the future, the appeals court reviewed more than 60 cases regarding what constitutes a significant age difference. Its decision: "In the absence of direct evidence that the employer considered age to be significant, an age difference of six years or less between an employee and a replacement is not significant." (Grosjean v. First Energy Corp., No. 02-3361, 6th Cir., 2003)

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