Age Discrimination and Employment

1126 WordsJun 16, 20185 Pages
Introduction Age discrimination occurs when one particular age group is treated differently to another age group on the grounds of chronological age. A less favorable treatment can occur, for example when a person is refused medical treatment because they are deemed too old. Also, it can manifest through the assumption that older people have a decline in their intellect due to their age, and a decline in their cognitive and physical performance. Individuals regardless of age should not be treated different than younger employees on any basis if they are equally qualified and capable of performing the same duties. The view of older people as burdens or dependents, has left an uneven playing field for those older people trying to…show more content…
The case was concluded that Reeves had not presented sufficient evidence to sustain a finding of age-based discrimination. Henry W. Bienkowsky v. American Airlines, INC. In Henry W. Bienkowski v. American Airlines, INC , Henry worked as a security representative for the employer. At the time he was 59 years old when he was terminated and replaced by a 54 year-old. Henry filed an action under the Age Discrimination in Employment Act , The district court granted summary for judgment for the employee because it found no evidence sufficient to create a jury issue that the employee was discharged because of his age rather than because of poor performance. The court reversed the summary judgment and remanded. The court held that it could not conclude that no reasonable jury could return a verdict of age discrimination. The court also noted that the district court did not rule on the sufficiency of the employee’s prima facie case, having focused its attention on the lack of evidence that the employer’s actions were a pretext for age discrimination. The court held that the employee challenging his termination could ordinarily established a prima facie case of age discrimination by showing that he continued to poses the necessary qualifications for his job a the time of the adverse action. General Dynamics Land Systems, INC. v. Cline In the General Dynamics Land Systems, INC
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