An Older Employee Must Demonstrate that He or She Was Replaced by a Younger Person to Sustain an Age Discrimination Claim

In Kosak v. Catholic Health Initiatives, the Tenth Circuit Court of Appeals affirmed judgment against a woman who claimed she was discriminated against because of her age.  Despite the woman’s arguments to the contrary, the Tenth Circuit reaffirmed that “an ADEA plaintiff must ordinarily show that her position was filled by a younger person in order to make a prima facie case of discrimination.”