Scott proved a prima facie case of redeploying younger employees while not redeploying older ones. Two employees in their 60's were not redeployed. Statistical evidence showed there was a seven year age difference between those whose positions were eliminated and those whose positions remained intact. The employer claims it was reducing management to gain efficiency. Yet there was evidence of age bias reflected in the statements quoted above, the HR executive was ordered not to answer routine questions from Scott, the oldest employees were not redeployed, and statistical evidence suggested age was a factor.
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