AGE DISCRININATION

A recent decision by the United States Supreme Court makes it easier for employees to claim and prove age discrimination and harder for employers to prove that termination was not age related.

Generally, a claim for age discrimination may be brought when an employee demonstrates that:

the employee was at the minimum forty (40) years old at
the time of termination the employee was qualified for the
position; and the employee was replaced by someone
younger then she.

Previously in Maryland, an employee had to not only prove the above-mentioned criteria but also had the burden to show that age was the real motive behind the termination. To demonstrate that the real motive was age, the employee had to offer additional evidence of discrimination outside of the reasoning for being fired.

Since the Court's decision, this is no longer the case. All an employee needs to prove to the judge or jury are the three items as outlined above. By no longer requiring the employee to prove motive, the Court's decision in essence lowered the standards for proving age discrimination.

An employer should protect themselves before terminating an employee:

by ensuring all allegations for which the termination are
based are investigated; and by securing all relevant
documents and data for a correct and informed decision.

If you have any questions about terminating an employee, so that exposure to an age discrimination claim is reduced, talk to an attorney or human resources professional.