Utah Age discrimination
To establish a prima facie case of age discrimination in the RIF context, a claimant affected by a RIF must prove:
- the claimant is within the protected age group;
- he or she was doing satisfactory work;
- the claimant was discharged despite the adequacy of his or her work; and
- there is some evidence the employer intended to discriminate against the claimant in reaching its RIF decision.
See Ingels, 42 F.3d at 621. The fourth element may be established “through circumstantial evidence that the plaintiff was treated less favorably than younger employees during the [RIF].” Id. (quoting Lucas, 857 F.2d at 1400).
Stone v. Autoliv ASP, Inc., 210 F.3d 1132, 1137 (10th Cir. 2000)
The ADEA states that it is unlawful for an employer “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.” 29 U.S.C. § 623(a)(1). “A plaintiff who seeks to prove that an employer discriminated against him or her can use either direct or circumstantial evidence.” Ingels v. Thiokol Corp., 42 F.3d 616, 620 (10th Cir.1994); see also Jones v. Unisys Corp., 54 F.3d 624, 630 (10th Cir.1995) (noting that “we have adapted for ADEA cases” the indirect methods of proof of McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-04, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973)). A plaintiff proves discrimination through direct evidence by establishing proof of “an existing policy which itself constitutes discrimination.” Ramsey v. City & County of Denver, 907 F.2d 1004, 1008 (10th Cir.1990) (citing Trans World Airlines, Inc. v. Thurston, 469 U.S. 111, 121, 105 S.Ct. 613, 83 L.Ed.2d 523 (1985)).
