Age Discrimination Or Technological Advancement?

Kollman & Saucier
Kollman & Saucier
07/29/2011

Plaintiffs suing for age discrimination must prove, as part of their prima facie case, that they were replaced by an individual outside of their protected class – that is, that they were replaced by someone younger.  What happens, though, if the employee is replaced by a computer program?  Can the employee establish a case of discrimination?

The answer is “no,” according to the Eleventh Circuit.  That court held that a terminated employee whose marketing and development duties were taken over by a new computer program installed by the employer could not make out a prima facie case of age discrimination.  The court dismissed the case.  Gortemoller v. Internat’l Furniture Mktg. Inc., No. 10-15689 (11th Cir. July 20, 2011).

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