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Age Discrimination

Employers cannot avoid an age discrimination claim by replacing a worker with a similarly aged worker.

Federal
State:
Key point. Employers cannot necessarily avoid liability for age discrimination by replacing an employee who is at least 40 years of age with another employee at least 40 years of age.

The United States Supreme Court ruled that an employer cannot necessarily avoid an age discrimination claim by replacing one protected worker with another. A long—term employee of a business corporation was dismissed at the age of 56, and replaced by a worker who was 40 years old. He sued his employer, claiming that it had committed unlawful age discrimination in violation of the federal Age Discrimination in Employment Act (ADEA). The ADEA prohibits covered employers from discriminating in employment decision on the basis of the age of an employee who is 40 years of age or older. The employer insisted that it could not be guilty of violating ADEA if it replaced a worker at least 40 years of age ...

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Posted:
  • January 1, 1997

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