Catherine, aged 59, was employed as a make-up artist with a local department store. The company hired a new manager. He fired Catherine and gave her job to Katrina, age 42. Catherine is alleging age discrimination
Yes, courts have determined that hiring someone younger to place anyone 40 years or older MAY be age discrimination. It is irrelevant that the person who is also over 40. Of course, you have to go through a legal analysis regarding discrimination issues. However, if you are concerned that it is not age discrimination because Katrina is over 42, it does not matter.
Also licensed in New York.