Twenty Years Of The Age Discrimination In Employment Act

Author : LandMark Publications
Publisher :
ISBN 13 : 9781520597430
Total Pages : 496 pages
Book Rating : 4.5/5 (974 download)

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Download or read book Age Discrimination in Employment Act written by LandMark Publications and published by . This book was released on 2017-02-15 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that discuss, analyze and interpret provisions of the Age Discrimination In Employment Act. The selection of decisions spans from 2014 to the date of publication.To qualify as an "employer" under the ADEA, one must have twenty or more employees for each working day, in each of twenty or more calendar weeks, either in the calendar year of or the year preceding the alleged discrimination. 29 U.S.C. � 630(b). Bridge v. New Holland Logansport, Inc., 815 F. 3d 356 (7th Cir. 2016).Part-time status does not preclude counting an employee toward the twenty-person minimum. Whether an individual was "employed" by someone on a particular working day depends not on whether (or the extent to which) the individual actually worked that day, but on whether there was an employment relationship at that time. See Walters v. Metro. Educ. Enters., Inc., 519 U.S. 202, 206-08, 117 S.Ct. 660, 136 L.Ed.2d 644 (1997) (describing the proper employee-counting method for Title VII cases). [Footnote omitted.] Bridge v. New Holland Logansport, Inc., ibid.When analyzing age-discrimination claims based on circumstantial evidence, we apply the burden-shifting framework set forth by McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). Provenzano, 663 F.3d at 811-12. Under this framework, the plaintiff first must establish a prima facie case for age discrimination. Id. at 812. To establish a prima facie case of age discrimination, the plaintiff must demonstrate that: "1) that she was a member of a protected class; 2) that she was discharged; 3) that she was qualified for the position held; and 4) that she was replaced by someone outside of the protected class." Schoonmaker v. Spartan Graphics Leasing, LLC, 595 F.3d 261, 264 (6th Cir. 2010). The burden then shifts to the employer to offer a legitimate, nondiscriminatory reason for the adverse employment decision. Provenzano, 663 F.3d at 812. If the employer meets this burden, "the employee then bears the burden of rebutting this proffered reason by proving that it was pretext designed to mask discrimination." Id. At all times, the plaintiff retains the burden of persuasion to demonstrate that the adverse employment decision was made because of her age. See Schoonmaker, 595 F.3d at 264. Richardson v. Wal-Mart Stores, Inc., (6th Cir. 2016).