There is no inference of age discrimination when younger employees are terminated and older employees remain during a reduction in force.

The plaintiff, a maintenance helper/porter at the defendant’s Ridgewood plant, was 64 years old when he was terminated as part of a reduction in force. The Appellate Division reversed the trial court and granted summary judgment, finding that the plaintiff failed to establish a prima facie case. The defendant had laid off, along with the plaintiff, a worker 10 years younger than he, while retaining workers both older and younger. Therefore, he cannot establish an inference of age discrimination in the selection of workers for layoff.

_{Case Law Alerts, 2^nd Quarter, April 2015}

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