Plaintiffs suing for age discrimination must prove, as part of their prima facie case, that they were replaced by an individual outside of their protected class – that is, that they were replaced by someone younger. What happens, though, if the employee is replaced by a computer program? Can the employee establish a case of discrimination?
The answer is “no,” according to the Eleventh Circuit. That court held that a terminated employee whose marketing and development duties were taken over by a new computer program installed by the employer could not make out a prima facie case of age discrimination. The court dismissed the case. Gortemoller v. Internat’l Furniture Mktg. Inc., No. 10-15689 (11th Cir. July 20, 2011).