F. Age Discrimination

• Jurisdiction: New York

F. Age Discrimination

The federally protected age bracket begins with age 40.¹³³ Mandatory retirement statutes¹³⁴ and employment practices that presume that an employee of a particular age is, for that reason alone, incapable of performing a job¹³⁵ have been invalidated. Special rules apply to the settlement of an age discrimination action.¹³⁶

A plaintiff can establish a finding of liability for intentional discrimination under the ADEA by proving a prima facie case of discrimination (as defined in McDonnell Douglas Corp. v. Green¹³⁷ and subsequent decisions), combined with sufficient evidence for a reasonable fact finder to reject the employer's nondiscriminatory explanation for its decision.¹³⁸

The Supreme Court, in Smith v. City of Jackson, Miss.,¹³⁹ affirmed the Fifth Circuit decision, by denying disparate impact as a basis of liability under the ADEA. The Court did not categorically deny the availability of a disparate impact claim under the ADEA, but noted that sometimes age has an impact on the employee's ability to perform work.¹⁴⁰

In General Dynamics Land Systems v. Cline,¹⁴¹ the Supreme Court held that "younger" workers, even though they are in the protected class, do not have a cause of action if they are treated less favorably than "older" workers who are also protected by the ADEA. General Dynamics had terminated certain retiree health benefits but "grandfathered" the benefits of retirees 50 and older.

In Kimel v. Florida...