One Way to get Sued for Age Discrimination:

Lay-off 11 employees, 7 of whom are over 60, and then rehire only the 4 employees under age 60 a few months later. A recent EEOC complaint alleges that an employer did just that, and asserts that the employer violated Title VII because it selected employees for lay-offs based on their age. Presumably, the employer will argue that its lay-off decision was not discriminatory, because it laid off both older and younger workers. In response, the EEOC will have to establish that the employer’s re-hiring of only the younger employees is proof of age discrimination – and that the lay-off of the younger employees together with the older employees was part of a scheme to get rid of the older employees.




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