Posted: March 30th, 2017
In O Connor v. Consolidated Coin Caterers, the U.S. Supreme Court held that
a. a plaintiff is not precluded from stating a claim for age discrimination if the person receiving the workplace benefit that had been sought by the plaintiff was given to a younger individual, even if the younger individual is over 40 years of age.
b. a plaintiff is precluded from stating a claim for age discrimination if the person receiving the workplace benefit is older than the plaintiff.
c. claims of disparate impact discrimination are not recognized under the ADEA.
d. an act that violates ERISA will, as a matter of law, violate the ADEA.
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