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Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 29085
Experience:  More than 30 years in legal practice.
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Massachusetts is unique in this area but the challenge would

Customer Question

Massachusetts is unique in this area but the challenge would be Job discrimination in Massachusetts regarding a group of white hair 50 year olds who have been at the company many years of employment and have been let go from a European owned company and could there be discrimination related to US salaried employees compared (considered higher costs than European or ASIA employees) compared to European Employees (who can not be let go easily) which is driving the decision to release US older aged highly paid, experienced employees?
Submitted: 6 months ago.
Category: Employment Law
Expert:  Loren replied 6 months ago.

Good morning Everett. I am Loren, a licensed attorney, and I look forward to assisting you.

If the foreign owned company is employing people working in the US then they are required to comply with ADEA, regardless of the law in Europe.

In order to make a successful claim for age discrimination you must first establish a prima facie case as follows:

In Fasold v. Justice, 409 F.3d 178, 184-85 (3d Cir. 2005), the court held that the plaintiff:

presented evidence that he (1) was over forty years old at the time of the adverse employment decision; (2) is qualified for the position in question; (3) suffered from an adverse employment decision; and (4) that his employer replaced him with someone sufficiently younger to permit a reasonable inference of age discrimination. See generally Potence v. Hazleton Area Sch. Dist., 357 F.3d 366, 370 (3d Cir. 2004); Anderson v. Consol. Rail Corp., 297 F.3d 242, 249 (3d Cir. 2002).

Once you are able to establish that you were subject to disparate treatment, the burden shifts to the employer to show that there was a legal reason for the adverse action taken against you.

To start the process, contact the EEOC at www.eeoc.gov for more information on filing a complaint. Your employment is protected from termination due to filing the complaint. Such termination would be retaliatory and subject your employer to further liability to you.

While an attorney is not required to file with the EEOC, it is strongly recommended.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys) . Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession.

Expert:  Loren replied 6 months ago.

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