When is an employers reason for firing you actually a pretext for age discrimination?
STEP 1/prima facie caseThey were qualified for the job and performing in accordance with the expectations of their employerThe employer replaced plaintiff with an individual who was comparably qualified to the plaintiff, but substantially younger. Note: certain courts hold that the plaintiff can also meet this factor by showing the employer did not treat age neutrally when making the decision to terminate.
[t]he reason for treating circumstantial and direct evidence alike is both clear and deep rooted: ‘Circumstantial evidence is not only sufficient, but may also be more certain, satisfying and persuasive than direct evidence.’”No dispute existed between the parties regarding the first two steps of the McDonnell Douglas test; thus, the case centered on the pretext analysis.
In addition to the evidence she presented to prove Step 1/her prima facie case, Westmoreland also relied upon the following evidence to show that TWC’s explanation was a pretext for age discrimination:Westmoreland’s supervisor who informed Westmoreland of her termination and signed her termination papers made adecision-makers at TWC were aware that Westmoreland was of advanced ageAfter TWC informed Westmoreland of her possible violation of company policy , a TWC official told her that the...
The court also cited the fact that Westmoreland’s otherwise positive 30-year employment record shows that this was an isolated incident for which lesser sanctions were available. standard, Westmoreland had sufficient evidence of pretext. For example, Westmoreland showed that she was fired when she was 61 years old, and her replacement was 37 years old.
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