1. Age Discrimination
... who are themselves 40 years of age or older. (James O'Connor v. Consolidated Coin Caterers Corporation) Specifically, Justice Scalia, writing for the court, stated, "There can be no greater inference of age discrimination ... when a 40 year-old is replaced by a 39 year-old than when a 56 year ... -old is replaced by a 40 year-old." Moreover, Justice Scalia stated that "Because the ADEA prohibits discrimination on the basis of age and not class membership, ... the fact that a replacement is substantially younger than the plaintiff is a far more reliable indicator of age ... supervisors....
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