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Can an employer escape liability under the ADEA by replacing the older worker with a younger worker who is over 40?

April 26, 2017ADEA employer escape liability Older replacing worker younger

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Can an employer escape liability under the ADEA by replacing the older worker with a younger worker who is over 40?

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No. Depending on the facts of the case, a violation could occur if a person were terminated because of her age even if she were replaced with a worker who was over 40 but younger than the terminated employee.