Historically, an employer and employee had a strict "at will" relationship. That is, the employer could reject a job applicant or demote or discharge an employee for no reason or for any reason whatsoever, including a motive to discriminate on the basis of age, disability, race, religion, or sex. The employer was even free to implement a discriminatory wage scale. In turn, an employee was entitled…
In an employment discrimination suit, the aggrieved job applicant or employee will have the initial burden of establishing that he/she is entitled to protection under the relevant statute and that the employer discriminated against him/her in violation of that statute. For instance, an employee claiming race discrimination would rely on Title VII, while an employee claiming age discrimination woul…
In a claim for age discrimination, a person must prove that he/she: (1) is over the age of 40; (2) possesses the requisite qualifications for the position in question; and (3) was the object of a negative employment decision that had been based solely on his/her age. Given the present climate of corporate "downsizing," an employer may very well argue that an employee's lay-off had been motivated b…
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