The purpose of the Age Discrimination in Employment Act (ADEA) is to protect workers over age of 40 from discrimination in employment.
Prima Facie Cases
The plaintiff may seek to establish a prima facie case of age discrimination with direct evidence of discriminatory intent or by meeting the "McDonnell Douglas test" for circumstantial evidence. See also: Swierkiewicz v. Sorema N.A. (2002).
Direct evidence is rarely available. Some examples of direct evidence include age-related comments and remarks made by those responsible for the challenged decision, notations on an application form that the applicant is "too old" for the job, and a personnel manual provision to the effect that applicants over a certain age will not be considered. Plaintiffs relying on direct evidence of age discrimination are entitled to a remedy under the ADEA if they were fired because of their age, even if their performance was inadequate.
Under the McDonnell Douglas test, the plaintiff can prove their case by showing that they are within the protected age group, that they were doing satisfactory work, that they were discharged despite the adequacy of their work, and that the position was filled by an employee younger than the age of the plaintiff. The test is a flexible guideline that must be adjusted to accommodate different types of cases.
Defendant’s Rebuttal & Plaintiff’s Opportunity to Show Proof of Pretext
After the plaintiff has shown a prima facie case, the defendant must articulate some “legitimate, nondiscriminatory reason” for the employment decision. The two most common reasons are: “reasonable factors other than age” and “good cause.” Other reasons include misconduct on the job, lack of required qualifications, elimination of the plaintiff's position, and a general reduction in the workforce where past performance was utilized. Then, the plaintiff can either persuade the court that a discriminatory reason more likely motivated the employer, or show that the employer's proffered explanation is unworthy of credence. However, it is very difficult for the plaintiff to further persuade the court after the defendant has fulfilled their burden in rebuttal.
[Last reviewed in May of 2020 by the Wex Definitions Team]