employment discrimination · claim
The ADEA prohibits employers from discriminating against individuals in hiring, promotion, discharge, compensation, or terms, conditions, or privileges of employment based on age. It aims to ensure that older employees are treated fairly in the workplace.
The individual must be at least 40 years old at the time of the alleged discrimination.
What to prove: It must be demonstrated that the claimant falls within the protected age group as prescribed by the ADEA.
The claimant must show that they suffered an adverse employment action.
What to prove: Evidence must be provided that the employer took a negative action regarding the claimant’s employment status, such as termination, demotion, or failure to promote.
The claimant must prove that age was a motivating factor in the adverse employment action.
What to prove: It must be established that age played a role in the employer's decision-making process concerning the adverse action.
The employer must be covered under the ADEA.
What to prove: It must be shown that the employer meets the minimum criteria for coverage under the ADEA, such as having 20 or more employees.
The burden of proof lies with the claimant to establish a prima facie case of age discrimination, after which the burden shifts to the employer to articulate a legitimate, non-discriminatory reason for the adverse action, and the claimant must ultimately prove that the reason was a pretext for discrimination.
When answering exam questions about ADEA claims, focus on the burden-shifting framework established in McDonnell Douglas and ensure to address both prima facie elements and potential employer defenses.