age discrimination

bwall

I thought I had read previously in Colorado Employment Law Letter that if an over 40 employee is terminated and another over 40 person is hired to replace them, that is action does not automatically negate any possible legal action for age discrimination. This is true or not? Thanks.

System

I've seen cases saying that the age of the replacement is just one factor to consider. Replacing a 50-year-old with a 60-year-old is less suspicious than replacing a 60-year-old with a 40-year-old. But I'm not sure if that's true in all jurisdictions.

You can find more information in the subscriber's area of this website by searching the archived newsletter articles or maybe in the Special Report "How to Manage Your Aging Workforce" -- no charge for subscribers. If you don't have your password, you can get it from customer service at (800) 274-6774 or [email]custserv@mleesmith.com[/email] .

Good luck.

James Sokolowski
Senior Editor
M. Lee Smith Publishers

morrisg

Replacing a protected employee who has been terminated with an older employee only provides a defense in age discrimination, not immunity against legal or EEOC action. Another way to look at this would be to ask the same question in relation to other protected groups. For example, just because you replace a minority employee with another minority employee doesn’t' assure protection anymore than the age example you gave