Age Discrimination: Discriminatory Terminations
Tennessee employment and labor lawyers recognize there are probably as many age claims for discriminatory discharges as all other claims that are prohibited by the Age discrimination in Employment Act combined.
Not only are discriminatory terminations on the basis of age prohibited by the Age Discrimination in Employment Act, such discharges on the basis of age are also forbidden by the Tennessee Human Rights Act.
However, before a former employee can prevail in a discriminatory age claim under the Age Discrimination in Employment Act, he or she must be at least 40 years of age at the time of the termination as well as having been dismissed by an employer that routinely employs at least 20 employees.
Before a former employee can sustain an age claim for discriminatory termination under the Tennessee Human Rights Act, she or he must have been 40 years of age at the time of dismissal and must have been employed in a workplace with at least eight workers.
A former employee who pursues an age discriminatory discharge claim against his or her former employer must present creditable evidence that the sole and only reason for the termination was because of age.
Keep in mind, however, that an employer may have several defenses to an age discriminatory discharge claim, including that the dismissal was based on factors other than age.
Lawyers in Tennessee as well as attorneys in other parts of the nation who handle these types of cases know most employers will defend against age discrimination lawsuits most aggressively.
Copyright © 2019 by Gordon Jackson, Attorney
This document is designed to provide general information in regard to the subject matter. However, almost all legal issues turn on factual matters and are reviewed on a case-by-case basis as to whether certain laws are applicable. Therefore, neither the author or this website is engaged in rendering legal advice by providing such general information.