What should the employer in the age discrimination case do to defensively respond to the lawsuit?

In responding to an age discrimination lawsuit, the employer's best defensive strategy is to clearly and effectively communicate the reasons behind the termination decision. Reiterating the cause for termination allows the employer to present a legitimate non-discriminatory reason for the action taken against the employee. This is crucial in deflecting claims of age bias, as it demonstrates that the decision was based on performance or conduct rather than age.

By outlining a solid rationale and documenting performance-related issues or company policies that support the termination, the employer can bolster their position that the action was justified. This helps to establish that the decision was based on objective criteria rather than discriminatory motives, which is key in defending against claims of age discrimination.

Conducting a company-wide performance review, while potentially beneficial for other reasons, may not directly address the specifics of the discrimination claim. Similarly, filing for employment-at-will status or simply offering a settlement might not effectively provide a strong legal defense or address the merits of the case as clearly as reiterating the cause for termination does. This approach ensures that the employer can articulate a defensible position rooted in employment law principles regarding non-discrimination.