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August 21, 2014

Appeals Court Reinstates Employee's Age Discrimination Claim Against Employer

In June, the Massachusetts Appeals Court reinstated an age discrimination claim brought by a former employee against her former employer, the Massachusetts Department of Transitional Assistance (DTA), in which the employee claimed that she was demoted, and constructive terminated, as a result of age discrimination.

In Younker v. Department of Transitional Assistance, the employee claimed that her demotion and subsequent resignation from the DTA constituted a violation of M.G.L. c. 151B, § 4(1C). That statute provides that it is an unlawful discriminatory practice for "the commonwealth or any of its political subdivisions, by itself or its agent, because of the age of any individual, to refuse to hire or employ or to bar or discharge from employment such individual in compensation or in terms, conditions or privileges of employment unless pursuant to any other general or special law."

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