Question

Milford is 55 and works for a company covered by the ADEA of 1967. He wishes to bring a claim of age discrimination because he was replaced by a younger, lower-paid worker. To make out a prima facie case, Milford does NOT have to established that he:
a. was replaced by someone who is below the age of 40.
b. was discharged in a way that creates an inference of discrimination.
c. was a member of a protected age group.
d. was qualified for the job he lost.

Answer 1

Answer:

A). Was replaced by someone who is below the age of 40.

Explanation:

Prima Facie Case of discrimination(Title VII, Civil Rights Act, 1964) is elucidated as the case in which the petitioner possesses adequate evidence to validate his complaint or allegation and prove that he/she has been discriminated against by their employer. To make such a case, the plaintiff is required to present sufficient evidence to prove to the judge or convince him/her to deduce that the discrimination from the employer's end took place.

As per the question, to make a 'Prima facie case' against the employer Milford is required to not let disclosed or established that he 'was replaced by someone who is below the age of 40' as this would influence the credibility of his allegation and make the judge infer a decision against him(due to the age factor). Thus, option A is the correct answer.