Section 13 Age Discrimination in Employment Act of 1967

• Library: Employment Discrimination 2008

In an action under the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. §§ 621 et seq., a plaintiff who lacks direct evidence of age discrimination is required to make a prima facie case of unlawful discrimination using the burden-shifting scheme set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). Under the McDonnell Douglas burden-shifting scheme, the plaintiff must prove the following:

1. The plaintiff is over the age of 40

2. The plaintiff is qualified to perform the job

3. The plaintiff was adversely affected by the employer’s action

4. The employer’s action was in some respect because of age

Fast v. S. Union Co., 149 F.3d 885 (8^th Cir. 1998); Breeding v. Arthur J. Gallagher & Co., 164 F.3d 1151 (8^th Cir. 1999); Beshears v. Asbill,
930 F.2d 1348 (8^th Cir. 1991). In cases not involving a reduction in force, the plaintiff can meet the fourth element by showing that the employer replaced the plaintiff with someone younger than the plaintiff. Fast, 149 F.3d 885; Breeding, 164 F.3d 1151. In cases involving a reduction in force, however, the plaintiff must put forth additional evidence that age was a factor in the adverse action. Fast, 149 F.3d 885; Breeding, 164 F.3d 1151; Hardin v. Hussmann Corp.,
45 F.3d 262 (8^th Cir. 1995).

Under the McDonnell Douglas, 411 U.S. 792, burden-shifting scheme, once the plaintiff has presented a prima facie case, the burden of production shifts to the employer to offer a nondiscriminatory reason...