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Under the McDonnell Douglas test, The plaintiff can prove his or her case by showing that he or she is within the protected age group; that he or she was doing satisfactory work; that he or she was discharged despite the adequacy of his or her work; and that the position was filled by employees younger than the age of ...
(A) No employer shall discriminate in any job opening against any applicant or discharge without just cause any employee aged forty or older who is physically able to perform the duties and otherwise meets the established requirements of the job and laws pertaining to the relationship between employer and employee.
To have a prima facie case of age discrimination, an employee must establish that: They are 40 years old or older (or the protected age class as defined by state statute) Their job performance is satisfactory. Adverse job action was taken against them (e.g., termination, demotion, or a pay cut)
In a 5-4 decision, the U.S. Supreme Court held that an employee alleging a disparate treatment claim under the Age Discrimination in Employment Act (ADEA) must prove that age was the ?but for? cause of the challenged adverse employment action.
To prove an age discrimination claim, ADEA requires the employee in question to show that they are older than 40 and that they suffered an adverse employment action.
The U.S. Supreme Court recently held that if an employer wants to defend an age discrimination claim by asserting that the decision was based on ?reasonable factors other than age,? the employer has the obligation to prove this to the judge or jury hearing the case.
To establish an age discrimination claim, the employee must show that: they were older than 40; their suffered an adverse employment action; they were qualified for the job and met the defendant's legitimate expectations; and.
Section 4112.14 | Age discrimination. (B) Any person aged forty or older who is discriminated against in any job opening or discharged without just cause by an employer in violation of division (A) of this section may institute a civil action against the employer in a court of competent jurisdiction.