OCONNOR V CONSOLIDATED-COIN-CATERERS-CORP - SUPREME-COURT ESTABLISHESNEW PRIMA-FACIE BURDEN FOR ADEA PLAINTIFF TO SATISFY

In O'Connor v. Consolidated Coin Caterers Corp., the United States Sup reme Court held that, as part of his prima facie case, an age discrimi nation plaintiff need not prove that he was replaced by someone younge r than age 40-only that he was replaced by someone younger. On its fac e, the decision, while resolving a conflict between the federal courts of appeals, hardly can be described as groundbreaking. But upon a mor e careful analysis, the decision can be read as changing a hey element of proof for an age discrimination plaintiff How significant is this change and how will it affect age discrimination litigation are the qu estions this article will address.