United States Third Circuit

To demonstrate a prima facie case of age discrimination under the New Jersey Law Against Discrimination, the replacement employee must be sufficiently younger to support an inference of age discrimination, or, if the discharge occurred in a reduction in force, the employer must be shown to have retained someone similarly situated to the discharged employee who was sufficiently younger to permit such an inference.

Appellate Information

• Argued 01/13/2004
• Decided 02/23/2004
• Published 02/23/2004

Judges

• Before McKEE, SMITH, and GREENBERG, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Robert H. Jaffe (argued), Mark B. Watson, Robert H. Jaffe & Associates, Springfield, for Appellant.


• For Appellees:
  
• Thomas J. Barton (argued), Patricia Proctor, Kimberly M. Coffina, Drinker, Biddle & Reath, Princeton, for Appellees.