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Articles Posted in Age Discrimination

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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