Articles Posted in Age Discrimination

Many people in the workforce are older and, unfortunately, discriminated against due to their age. Age discrimination is unlawful, and people who suffer adverse employment effects due to age discrimination may be able to recover damages in a civil lawsuit. Recently, a New York court discussed a plaintiff’s burden of proof in an age discrimination case, in an action in which the plaintiff’s claims were ultimately dismissed. If you were the victim of age discrimination in the workplace, it is advisable to speak to a skilled New York employment discrimination attorney to discuss what evidence you must produce to be awarded damages.

The Alleged Discrimination

It is reported that the plaintiff worked as a real estate executive for the defendant investment group. During his tenure, the defendant CEO allegedly made comments regarding the plaintiff’s age. The plaintiff was eventually terminated, after which he filed an age discrimination claim against the defendants. The defendants filed a motion for judgment on the pleadings, which the court granted.

Proving Age Discrimination

Under the ADEA (Age Discrimination in Employment Act), it is unlawful for an employer to discriminate against an employee in terms of compensation, conditions, or terms of employment or to terminate an employee due to the employee’s age. Under the burden-shifting framework of ADEA employment discrimination cases, a plaintiff must set forth facts sufficient to establish a prima facie case of discrimination, after which the defendant must demonstrate that a legitimate, nondiscriminatory reason existed for the adverse actions taken against the plaintiff. The plaintiff must then demonstrate that the defendant’s reasons are pretextual, otherwise, the plaintiff’s claim will be dismissed.

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Under both State and Federal law, employers are prohibited from discriminating against employees due to age. Specifically, the Age Discrimination of Employment Act of 1967 (ADEA) protects employees over the age of 40 from discrimination in the workplace. Recently, the United States Supreme Court clarified the parameters for federal employees to pursue or recover under an age-discrimination claim under the ADEA. If you are a federal employee who was subject to age discrimination in the workplace, it is prudent to meet with a skillful New York employment discrimination attorney regarding your potential claims.

Facts of the Case

Allegedly, the plaintiff worked for the federal government as a pharmacist practicing disease state management, which was an advanced scope designation. In 2010, the defendant began an initiative to promote pharmacists who practiced disease state management.  In 2013, however, the plaintiff’s advanced scope designation was taken away, and while she received a new position, her holiday pay was reduced. She was also denied additional training and passed over for promotions. She subsequently filed a discrimination lawsuit alleging, in part, discrimination based on age.

It is reported that the defendant filed a motion for summary judgment. The trial court granted the motion and the plaintiff appealed. On appeal, the appellate court affirmed. The plaintiff then appealed to the United States Supreme Court, and the Court agreed to hear the case to decide the discrete issue of whether the ADEA’s federal-sector provision requires a plaintiff to prove that his or her age was the “but for” cause of the defendant’s allegedly discriminatory actions.

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