What is the test for determining whether age was a determining factor in determining whether a plaintiff should be retained or discharged?
MultiRegion, United States of America
The following excerpt is from Kelly v. American Standard, Inc., 640 F.2d 974 (9th Cir. 1981):
In jury instruction 9, the judge stated that the plaintiff has the burden of proving that "one of the reasons he was terminated was because of his age ...," and that he should prevail if this factor "made a difference in determining whether or not the plaintiff was retained or discharged." The judge relied on Laugesen v. Anaconda Co., 510 F.2d 307, 317 (6th Cir. 1975), which first established the "determining factor" test.
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