Sunday, November 20, 2005

employment - age discrimination - ADEA and PHRA

Kasali v. J.P. Norgan/Chase Manhattan Mortage Corp. - ED Pa. November 7, 2005

Pa. Human Relations Act- 43 PS 51 et seq.
Plaintiff's age discrimination claim under the Pa. Human Relations Act dismissed because of untimely filing -- not w/in 180 days of alleged discriminatory act. P did filed Age Discrimination in Employment (ADEA), 29 USC 621 et seq., claim w/in required 300 days but did not clear and unambiguously ask for dual-filing of PHRA claim, so equitable tolling denied.

Age Discrimination in Employment Act - 29 USC 621 et seq.
Plaintiff established the "not onerous" burden of showing a prima facie age discrimination claim -- over 40, applied and rejected for job for which she was miniminally qualified, in favor of a person younger enough to permit inference of age discrimination. The employer's proferred non-discrminatory reasons were sufficiently countered by Plaintiff's allegations that those reasons were pretextual, so as to raise genuine issue of material fact and survive ER's motion for summary judgment.

Plaintiff's retaliation claim under the ADEA was rejected, since she did not establish a prima facie case -- i.e., retaliatory conduct which affected compensation, terms, conditions or privileges of employment.

Donald Marritz
MidPenn Legal Services