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.