In order to show that an employer discriminated based on age, an employee must show he:
- Is older than age 40
- Suffered an adverse employment action
- Was qualified for the position and
- Was replaced by someone substantially younger.
Employers should always document exactly why they terminated an older employee, even if he or she was replaced by a much younger worker. That’s because the court never gets to the fourth and final step in the analysis. It can end its analysis by deciding if the employee was qualified for the job. Here’s how that played out in a recent case.
Recent case: Barry worked in the maintenance department at a Mack Truck facility. He was 57 years old when he was terminated for breaking several company rules.
Over the course of his tenure with the company, Barry sometimes was in charge of disposing of scrap metal. The company had a strict process for doing so, including obtaining prior authorization to remov...(register to read more)