Courts are very careful to only allow very narrow exceptions to the general prohibition of discrimination against a protected status, and in the case of race there is no exception in case law. The most common exceptions are generally crafted for religion and gender. As an employer, you …show more content…
4. Answer Human Resource Dilemma, Ch 16, #2, p. 392. (Harvey Jameson)
If the age discrimination threshold is 40 years of age, why would the court allow an employee to sue when his or her replacement is over 40 years old?
In most ways, discrimination based upon age is no different than discrimination based on other protected classes, such as race or sex. Courts have generally established the following rules unique to age discrimination cases: if the same supervisor who recommended hiring an employee recommends firing that employee within a year or so of employment, courts assume that termination was not because of age. Courts believe that if a supervisor discriminates against older people, he would not have recommended hiring the employee in the first place; if an employer fires an employee in a reduction in force and does not replace that employee, courts will require direct evidence of age discrimination, such as