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Discrimination may be found when an employer replaces a terminated employee with someone at least 5 years younger

Under Massachusetts law, it is illegal for an employer to discriminate against an employee who is 40 years of age or older.  Massachusetts courts recognize that it is not the case that all persons over 40 are equally likely to be subject to age discrimination.  A company motivated to terminate an employee based on age would be more likely to target a 64-year-old employee than a 53-year-old employee, a 52-year-old employee or a 49-year-old employee.  Caputy v. Quad/Graphics.

Pamela A. Smith
Law Office of Pamela A. Smith
233 Needham Street, Suite 540
Newton, MA 02464


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