Dismissal Of Age Discrimination/Employment Case Reversed.

The Age Discrimination in Employment Act [ADEA, 29 U.S.C. §621, et seq.] prohibits an employer from discharging an employee who is over forty years of age because of the employee’s age.  The district court dismissed a complaint alleging plaintiff was at least forty years old; her performance was satisfactory or better; she received consistently good performance reviews; she was discharged; and, five younger persons performing the same job kept their jobs. The Ninth Circuit reversed, stating:  “Although Sheppard’s complaint is brief, her allegations are sufficient to state a prima facie case of discrimination.”  Sheppard v. David Evans and Associates (Ninth Cir.; September 12, 2012) (Case No. 11-35164) 694 F.3d 1045, [115 Fair Empl. Prac. Cas. (BNA) 1665].