The Higher Ed Workplace Blog

Test Your HR Legal Knowledge: Age Discrimination

test-your-hr-legal-knowledge-CUPA-HRAre you looking to add “HR legal expert” to your resume? Here’s a real court case that will help test your HR legal knowledge. Review the facts of the case, tell us which side you think prevailed, and find out if you’re right!

The Case: “New Blood” Age Discrimination — Allain v. University of Louisiana System (W.D. La., 1/22/15)

The Facts:

  • Plaintiff was a 59-year-old development director for the university-owned radio station where she had worked for 16 years.
  • She was fired after returning from leave to recover from a back problem and was told her termination was “without cause.”
  • Her job duties were ultimately assumed by a 48-year-old employee.
  • She had met her fundraising goals every year of her employment except for 2006-08 during the recession.
  • Her supervisor, who fired her, told other employees on “numerous occasions” that he wanted “new blood.”
  • Just prior to plaintiff’s termination, the radio station replaced two other employees over age 55 with younger employees.
  • Plaintiff claimed she overheard the dean tell the radio station director that he “wished he could get rid of all the old professors, but that he couldn’t because they were tenured.”

The Question: Was the firing supervisor’s comments about wanting “new blood” sufficient to raise a triable issue of age discrimination to get to a jury?

Yes No

Interested in learning more about employment law or age discrimination in the workplace? Check out these resources:

To explore the latest HR-related court cases and rulings, plan to join us for the Legal Update Super Session presented by CUPA-HR General Counsel Ira Shepard at the CUPA-HR Annual Conference and Expo 2015, September 27-29 in Orlando, Florida.

Take our other employment law quizzes related to race discrimination, FLSA and overtime eligibility and no-gossip policies and the NLRA.