Question

Raleigh, a 55-year-old experienced sales representative at BigCo, is terminated and replaced with Connelly at a lower pay rate. Connelly is 36 years old with no experience in sales. Assuming that no party has a valid defense, who prevails in Raleigh's ADEA claim against BigCo?

Answer 1

Answer: The correct answer is Raleigh.

Explanation: The Age Discrimination in Employment Act (ADEA) prohibits employers from discrimination against an employee on the basis of age once the employee reaches age 40.

However, in the Raleigh's ADEA claim with no valid defence Raleigh will prevail because Connelly at age 36 years is substantially younger than Raleigh who is 55 years old.