Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

Age Discrimination in Employment Act (ADEA)

Read a random definition: Landon v. Plasencia

A quick definition of Age Discrimination in Employment Act (ADEA):

The Age Discrimination in Employment Act (ADEA) is a law that protects workers over the age of 40 from being treated unfairly because of their age. This means that employers cannot make decisions about hiring, firing, or promoting based on a person's age. If a worker believes they have been discriminated against because of their age, they can try to prove it by showing evidence of discriminatory comments or by meeting a set of guidelines called the "McDonnell Douglas" test. If the worker can prove their case, the employer must give a legitimate reason for their decision. The worker can then try to show that the reason given is not true or that discrimination was the real reason for the decision.

A more thorough explanation:

The Age Discrimination in Employment Act (ADEA) is a law that protects workers over the age of 40 from being discriminated against in the workplace. This means that employers cannot treat older workers unfairly because of their age. However, the law does not protect younger workers from discrimination.

If an older worker believes they have been discriminated against because of their age, they can try to prove it by showing direct evidence of discriminatory intent or by meeting the "McDonnell Douglas" test using circumstantial evidence.

Direct evidence is when there is clear proof that the employer discriminated against the worker because of their age. For example, if an employer wrote on an application form that the applicant is "too old" for the job, that would be direct evidence of age discrimination.

If direct evidence is not available, the worker can use the "McDonnell Douglas" test. This test requires the worker to show that they are over 40 years old, that they were doing their job well, that they were fired despite doing their job well, and that they were replaced by someone younger.

If the worker can prove a prima facie case of age discrimination, the employer must then provide a legitimate, nondiscriminatory reason for the employment decision. This could be something like misconduct on the job or a lack of required qualifications.

After the employer provides their reason, the worker can try to show that the reason is not true and that the real reason was age discrimination. This can be difficult to prove, but if the worker can show that the employer's reason is not true, they may be able to win their case.

An older worker named John believes he was fired from his job because of his age. He thinks his boss wanted to replace him with a younger worker. John does not have any direct evidence of age discrimination, so he decides to use the "McDonnell Douglas" test.

John is over 40 years old, and he was doing his job well. However, he was fired and replaced by a younger worker. John believes this is evidence of age discrimination.

John's employer says that they fired him because he was not doing his job well. They say that they had to replace him with someone who could do the job better.

John now has to try to show that his employer's reason is not true and that the real reason was age discrimination. He might do this by showing that his performance reviews were good or by showing that the younger worker who replaced him was not actually better at the job.

age discrimination | age of consent

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
lilypadfrog
8:12
hi shawties
lilypadfrog
8:16
who’s getting into a law school today raise your hand
jackfrost11770
8:28
I sure hope so at this point
lilypadfrog
8:28
woooo
lilypadfrog
8:28
jackfrost for law school
jackfrost11770
8:29
LILYPADFROG FOR LAW SCHOOL
jackfrost11770
8:29
I really just love how now there's an executive order that says I don't exist as a person
jackfrost11770
8:29
Do I not have to pay taxes now? Loans? What now
lilypadfrog
8:34
you should probably assume this means your law school will be free
GreyCeaselessMammoth
8:34
i love that there's an executive order that we're all female now
jackfrost11770
8:38
I think so yeah. I think I don't have to pay for anything anymore
Trismegistus
8:40
can someone release today my god
lilypadfrog
8:41
i’m boutta release
sounding like that one guy in here who kept saying he was cumming
Dkk
8:43
Was that me cus I just released.
lilypadfrog
8:44
Wahoowa
Dkk
8:45
AI Overview +1 "Wahoowa" is a cheer and greeting used by fans of the University of Virginia (UVA).
Dkk
8:45
Learned something new today. I can sleep knowing I learned something today.
lilypadfrog
8:48
https://en.m.wikipedia.org/wiki/Dalgona I just learned about these things. Apparently they’re featured in Squid Game, but I think Squid Game is just a ripoff of the original Mr Beast Games
I learned today the term fight fire with fire comes from the early day of fire fighting when departments would just bulldoze buildings and then burn them in an attempt to stop a fire from spreading. So to stop fire from burning shit they would burn down other buildings in a more violent and destructive way thus lowering the fires moral so much it refuses to spread and work.
GreyCeaselessMammoth
8:51
that's like basically how wildland firefighting still works
I did wildland and most of the time it was controlled burns but it is pretty funny to imagine doing that in a city/neighborhood.
Dkk
8:52
The Santa Ana winds kinda helped with that because it pushed the fire back to where it had already burned despite the news media saying everything was going to get worse like the idiots they are.
Cant imagine being the guy to be like "hey so to keep your neighbors house from burning down we are going to bulldoze yours and then catch it on fire"
lilypadfrog
8:55
buddy you can either stay in or get out but we’re bulldozing this
LSD+ is ad-free, with DMs, discounts, case briefs & more.