Category: Age Discrimination

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...

In 2005, the Supreme Court concluded that the Age Discrimination in Employment Act of 1967 (ADEA), which prohibits discrimination against individuals who are at least 40 years old, provides not only for (1) disparate treatment claims, in which there is intentional discrimination by an employer because of protected status, but also for (2) disparate impact claims, in which facially neutral employment practices “fall more harshly on one group than...