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In the case of Wagner v. Board of Trustees for Connecticut State University, a professor filed an age discrimination complaint against her employer under the Connecticut Fair Employment Practices Act, arising from the denial of tenure at age 54 and termination from employment.
The Age Discrimination in Employment Act, 29 U.S.C.S. ยง 623(a), states that it is unlawful for anemployer to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's age. Under Connecticut law, the Fair Employment Practices Act prohibits discrimination in employment "because of" an individual's membership in a protected class, including race, color, religious creed, age, sex, marital status and national origin. To establish a claim for age discrimination, the employee must prove that: (1) he is in the protected class, as defined under Connecticut's Fair Employment Practices Act and the Federal Age Descrimination in Employment Act; (2) he was qualified for his 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 such a case, the employer then must produce legitimate, nondiscriminatory reasons for its adverse employment action.
The court found that the employee sufficiently established the "de minimus requirement for a prima facie case" of age discrimination. However, she failed to prove that she was denied tenure because of her age. Rather, the denial was based on a difference of professional opinion, which was not a pretext for discrimination.
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: Wagner v. Bd. of Trs. for Conn. State Univ., 2012 Conn. Super. LEXIS 316, 2012 WL 669544 (Conn. Super. Ct. Jan. 30, 2012)
