What constitutes age discrimination?

UPDATED: Mar 18, 2016

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What constitutes age discrimination?

I’m one of two 63 year old sales people terminated within a 6 week
period from the same small,12 employee,company. Does this show a
pattern of discrimination?

Asked on March 18, 2016 under Employment Labor Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It does not show age discrimination by itself--the issue is, is there another, non-discriminatory reason? For example, were they underperforming? Were their territories being cut out or dropped? Did they violate company rules? Were there performance issues? Etc. If there were no reasonably plausible non-discriminatory reasons, then in that case, the fact that two  older employees were let go may well show discrimination; but if there was some valid other reason, it would not. Older employers may be let go if there was a non-age reason for it.

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