Employee Terminated at 58 Sues Foundation For Age Discrimination

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In the case of Klingler v. St. Luke's Foundation, Inc., a former employee sued his former employer alleging claims for age discrimination in violation of the Connecticut Fair Employment Practices Act (FEPA) and the federal Age Discrimination in Employment Act (ADEA). The employee claimed that he was discriminated against on the basis of his age, the employee was 58 at the time he was effectively termination, because his position as director of community service was given to a person 41 years of age and his position as coordinator of activities was given to the athletic department, consisting of persons younger and less experienced than the employee.

In order to for the employee to prevail in his claim for age discrimation, he must prove that: (1) he is in the protected class, specifically, those protected under FEPA and ADEA; (2) he was qualified for the position; (3) he suffered an adverse employment action; and (4) that the adverse action occurred under circumstances giving rise to an inference of discrimination. Once the employee establishes a case, the employer then must produce legitimate nondiscriminatory reasons for its adverse employment action.

Although the employee set forth the general elements in support of a case of age discrimination, the employer produced legitimate nondiscriminatory reasons for its adverse employment action based on job performance issues. The employee failed to present evidence that the employer's proffered reason was pretextual, merely asking the court to infer that the testimony of various school officials was false. The employee also claims that he was retaliated against, admonished or reprimanded, for filing a complaint with the Connecticut Commission on Human Rights and Opportunities. The court found that the subject letters of reprimand did not amount to an adverse employment action and that even if they did, the employer stated legitimate, honestly held nondiscriminatory reasons for their issuance.The court entered judgment in favor of the employer.

If you feel you have been mistreated by your employer or in your place of employment and would like to explore your employment law options, contact the experienced employment law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.

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Source: Kligler v. St. Luke's Found., Inc., 2008 Conn. Super. LEXIS 270, 2008 WL 496133 (Conn. Super. Ct. Jan. 31, 2008)