1. MEMORANDUM OF LAW
TO: Sarah Johnson, Supervising Attorney
FROM: Selena Mattei, Paralegal
DATE: May 12, 2014
RE: Hunter v. ABC Incorporated
Issue Presented:
Did ABC Incorporated discriminate against Mr. Hunter by demonstrating the intent to replace
him with a younger employee willing to work for a lower wage?
Answer to the Issue:
ABC Incorporated demonstrated the intent to fire Mr. Hunter in order to replace him with a
younger employee willing to work for a lower wage. While the company claimed they fired Mr.
Hunter due to poor performance, there were no negative evaluations found in his personnel
file. Additionally, ABC Incorporated demonstrated discrimination with respect to compensation
and other terms of employment based on Mr. Hunter’s age.
Statement of Facts:
Mr. Hunter was fired from his job on May 10, 2014. ABC Incorporated indicated that he was
fired because of poor performance. Mr. Hunter claims that he has never been disciplined by his
boss and there exists no negative evaluations in his personnel file. Mr. Hunter suspects that the
company wanted to replace him with a younger employee who would work for a lower wage
and believes ABC Incorporated discriminated against him.

2. Discussion:
Discrimination is defined as unequal treatment of persons, for a reason which has nothing to do
with legal rights or ability. Federal and state laws prohibit employers from discriminating
against employees on the basis of race, gender, national origin, age, disability, or other medical
conditions. The act of firing Mr. Hunter raises the questions of whether ABC Incorporated
discriminated against him because of his age and if they did so with the intent of hiring a
younger employee willing to work for a lower wage.
As indicated by the Equal Opportunity Employment Commission, under The Age Discrimination
in Employment Act of 1967. As indicated by 29 U.S. Code § 623:
(a) EMPLOYER PRACTICES It shall be unlawful for an employer--
1. to fail or refuse to hire or to discharge any individual or otherwise discriminate
against any individual with respect to his compensation, terms, conditions, or
privileges of employment, because of such individual’s age;
2. to limit, segregate, or classify his employees in any way which would deprive or
tend to deprive any individual of employment opportunities or otherwise
adversely affect his status as an employee, because of such individual’s age; or
3. to reduce the wage rate of any employee in order to comply with this chapter.
In analyzing the facts of the law, ABC Incorporated violated The Age Discrimination in
Employment Act of 1967 by discharging an employee with respect to compensation, terms,
conditions, or privileges of employment, because of his age. It can be determined that ABC
Incorporated did in fact have the intent of firing Mr. Hunter to replace him with a younger
employee willing to work for a lower wage because they did so for a reason proven to be false.
The company’s claim that Mr. Hunter was fired because of inadequate performance is untrue
due to the fact that there were no negative evaluations in his particular personnel file.
Conclusion:
ABC Incorporated demonstrated discrimination towards Mr. Hunter by violating The Age
Discrimination in Employment Act of 1967. The company’s reasons for firing Mr. Hunter are
invalid and do not serve as appropriate grounds for termination.