Category: Age Discrimination

The Age Discrimination in Employment Act (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on their age.  A recent decision from the Fourth Circuit Court of Appeals underscores the importance for employers to make personnel decisions, such as the promotional decision involved in this case, for legitimate non-discriminatory reasons.   Bandy v. City of Salem, No. 21-1565 (4th Cir. Feb. 13,...

Back when I was a baby lawyer in the mid-1980s, I remember a client who assured us that, contrary to our advice, what the client wanted to do was legally just fine.  “But it’s not what the law permits” we said.  “It’s what [very large company name redacted] does,” was the reply.  “And [very large company name redacted] just got hit with a multi-million dollar verdict against it for doing it,” we rejoined, “so do you want that...

The Fourth Circuit Court of Appeals upheld summary judgment in favor of Family Dollar in a suit brought by a former employee who alleged age discrimination and retaliation.  The plaintiff, a 48-year old female, was fired after two “no-call, no-show” absences on consecutive days.  She was terminated by a 27-year-old female manager. The crux of the plaintiff’s case was that the manager made several comments regarding plaintiff’s age,...

To prevail on a claim of discriminatory termination under the Age Discrimination in Employment Act (ADEA), an employee must show that he was meeting job expectations.  Moreover, even if an employee can establish a prima facie case, an employer can prevail by showing that the personnel decision was made for a legitimate, non-discriminatory reason.  In an age discrimination discharge case, the plaintiff must prove that, but-for his age, he would not...