The Prima Facie Case of Age Discrimination in Reduction-In-Force Layoffs: A Flexible Standard



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Texas Tech Law Review


The purpose of this comment is to analyze the burden of proof standards for age discrimination in reduction-in-force layoffs. This comment first discusses the ADEA and its relationship to title VII, focusing on McDonnell Douglas Corp. v. Green, the leading title VII case establishing the burden of proof standard in discrimination cases. The comment will then discuss and analyze the differing approaches taken by the circuits as to proof of age discrimination in reduction-in-force cases. Finally, this comment proposes that the differing approaches are reconcilable and that both can produce the same result: allowing meritorious ADEA claims to survive the prima facie stage.



Age Discrimination in Employment Act of 1967, ADEA, Age discrimination, Reduction in force, RIF, Layoffs, Burden of proof standards, McDonnell Douglas Corp. v. Green


20 Tex. Tech L. Rev. 841