MCL 37.2101 Interpretation
In Hall v. McRea Corp, 238 Mich App 361; 605 NW2d 354 (1999), the Court articulated the elements of a prima facie case of age discrimination in employment under the Civil Rights Act, MCL 37.2101 et seq.; MSA 3.548(101) et seq.
"Under an intentional discrimination theory of age discrimination, the plaintiff must show:
(1) membership in a protected class;
(2) discharge from employment;
(3) that the plaintiff was qualified for the position;
(4) that he was replaced by a younger person.
The plaintiff must prove the elements by a preponderance of the evidence." Hall, supra at 370.
Once plaintiff has come forward with evidence to satisfy these criteria, "the burden then shifts to the defendant to articulate a legitimate, nondiscriminatory reason for the discharge. " Id.
If defendant proffers a legitimate reason, then the burden shifts to plaintiff to establish that the proffered reason was a pretext for age discrimination. Id.