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“Old Vs. Not-Quite-As-Old: The Gloves Come Off,”
HR Magazine

February 19, 2016
Michelle W. Johnson

In an article published on Feb. 17, 2016, Atlanta partner Michelle Johnson provides insight on a recent opinion from the 11th U.S. Circuit Court of Appeals in which the court found that a 49-year-old managing director for MetLife who was replaced by a 42-year-old could move forward with an age discrimination lawsuit. The court held that seven years was “substantially younger” under the Age Discrimination in Employment Act, citing other courts that have held that five years is enough, and even a mere three years can be deemed substantially younger. “If the replacement is substantially younger, the employer still can be liable for age discrimination,” explained Ms. Johnson. The article also focused on mandatory retirement, which is generally not permissible. Ms. Johnson noted that some people’s work peaks when they are 69 years old, while others’ work is subpar at 50. For the full article, please click here.