Proving the Case
A Plaintiff may establish his case through direct evidence of age discrimination, such as a letter in which the employer states a preference for a "younger, fresh face." In the absence of direct evidence, a Plaintiff may make a prima facie case (enough evidence to prove discrimination and to require the defendant to produce substantial contradictory evidence) through inferential or circumstantial evidence. Depending on the precise facts of the case, courts have allowed different methods of proving all types of discrimination cases, including age cases, through varying methods of proof.
One common way employed by the courts to show age discrimination is where the Plaintiff proves:
(1) he was in the protected age group (at least 40 years old);
(2) he was performing his job at a level that met his employer's legitimate expectation (doing the job capably);
(3) he experienced an adverse employment action such as discharge, layoff, or severance of the employment relationship; and
(4) he was replaced by a substantially younger person with roughly equivalent job qualifications or age was impermissibly considered in the employment decision.
Shifting Burdens
If the Plaintiff proves these four elements, he establishes a prima facie case and creates a rebuttable presumption that the employer unlawfully discriminated. Then the burden shifts to the employer to show ("the burden of production"), but not prove, some legitimate reason for the adverse employment decision.. The employer's explanation must consist of not only a nondiscriminatory reason for the employer's actions but also credible evidence indicating that the reasons advanced were the true reasons for the action taken; however, the burden of proof always remains on the employee. Provided that the employer sustains its burden of production, the burden of proof shifts back again, and the Plaintiff must demonstrate that the employer's proffered reason for the adverse action was simply a pretext for age discrimination. Generally, under Massachusetts law, the Plaintiff may do this in two ways: (1) directly, by persuading the court that a discriminatory reason more likely motivated the employer in taking the adverse employment action; or (2) indirectly, by showing that the employer's proffered explanation is unworthy of credence. If the employer's proffered reason has no reasonable support in the evidence or is wholly disbelieved, the employee may prevail. (Submitted by Steven Bloom, Esq. of Cushner & Bloom in Brookline)
For more information or to post a question, visit our MA Employment Law Discussion Forum.