Suppose that an employer discharges a 58-year-old employee for creating too many

Question

Suppose that an employer discharges a 58-year-old employee for creating too many pieces that fail to meet quality standards. The best evidence the employee could present in support of a claim that he is being discharged due to his age is:

a) A high-level management official in another department has made remarks indicating hostility against older employees.

b) The employee’s immediate supervisor, who made the discharge decision, is much younger than the employee.

c) The employee is older than any other employees who have ever been discharged in the past.

d) Younger employees who created more sub-quality pieces have been retained as employees.

Explanation / Answer

d) Younger employees who created more sub-quality pieces have been retained as employees.

This is the burden of proof that the plaintiff needs to probe in order to win against the defendant in the context.

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