Tenth Circuit Holds Five Year Age Difference Sufficient to Satisfy Prima Facie Proof Requirement in ADEA Cases.

December 27, 2005 Published Work
SHRM Online - Society for Human Resource Management , Court Report - Whittington v. Nordam Group, Inc., 429 F.3d 986 (10th Cir. 2005).

Creating a potential split among the Circuit Courts, the U.S. Court of Appeals for the Tenth Circuit held, in Whittington v. Nordam Group, Inc., that a five year age difference between a laid-off employee and a similarly situated colleague who survived the downsizing was not so insignificant as to preclude a finding that the employer violated the Age Discrimination in Employment Act ("ADEA").