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James O'Connor, 56, was fired by Consolidated Coin Caterers Corp. and replaced by a 40-year-old worker. O'Connor filed suit alleging that his discharge violated the Age Discrimination in Employment Act of 1967 (ADEA). The District Court granted Consolidated's summary judgment motion. In affirming, the Court of Appeals held that O'Connor failed to make out a prima facie case of age discrimination because he failed to show that he was replaced by someone outside the age group protected by the ADEA since his replacement was 40 years old.

Can an employee file an age discrimination suit under the Age Discrimination in Employment Act of 1967 if his or her replacement is 40 or older?

Yes. In a unanimous decision, authored by Justice Antonin Scalia, the Court ruled that although the Age Discrimination in Employment Act of 1967 limits its protection to those who are 40 or older, it prohibits discrimination against those protected employees on the basis of age, not class membership. "That one member of the protected class lost out to another member is irrelevant, so long as he lost out because of his age. The latter is more reliably indicated by the fact that his replacement was substantially younger," wrote Justice Scalia.