O'CONNOR v. Consol. Coin Caterers Corp., 517 U.S. 308 (1996). · Go Syfert
O'CONNOR v. Consol. Coin Caterers Corp., 517 U.S. 308 (1996). Cases Citing This Book View Copy Cite
Quick Summary

A plaintiff establishing a prima facie case of age discrimination need not show they were replaced by someone outside the protected class but may show the replacement is substantially younger.

An employee alleged he was discharged in violation of the Age Discrimination in Employment Act and sought to establish a prima facie case. The Court of Appeals held that the plaintiff must prove he was replaced by someone outside the protected age group to satisfy the McDonnell Douglas framework. The Supreme Court holds that because the Act prohibits discrimination based on age rather than class membership, the fact that a replacement is outside the protected class is not a necessary element of a prima facie case. Instead, the fact that a replacement is substantially younger than the plaintiff is a more reliable indicator of age discrimination.

4,530 citation events (2,859 in the last 25 years) across 137 distinct courts.
Strongest positive: Jesus Vargas v. Lockheed Martin Corporation et al. (cacd, 2025-10-20) · Strongest negative: Markley v. U.S. Bank (ca10, 2023-02-08)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" Markley v. U.S. Bank
10th Cir. · 2023 · signal: but see · confidence high
But see O’Connor v. Consolidated Coin Caterers Corp., 517 U.S. 308, 312 (1996) (concluding that ADEA plaintiff can advance claim where replaced by individual in protected category but younger). 16 Appellate Case: 21-1240 Document: 010110810088 Date Filed: 02/08/2023 Page: 17 action was a pretext for discrimination.
examined Cited "but see" Blume v. Denville Tp. Bd. of Educ. (3×)
N.J. Super. Ct. App. Div. · 2000 · signal: but cf. · confidence high
But cf. O'Connor v. Consolidated Coin Caterers Corp., 517 U.S. 308, 312-13 , 116 S.Ct. 1307, 1310 , 134 L.Ed. 2d 433, 439 (1996) ("[T]he prima facie case requires 'evidence adequate to create an inference that an employment decision was based on a[n] [illegal] discriminatory criterion ....,'" citing International Brotherhood of Teamsters v. United States, 431 U.S. 324, 358 , 97 S.Ct. 1843, 1866 , 52 L.Ed. 2d 396, 429 (1977) (emphasis added)); see generally Jessica Mollie Marlies, The Whys of Lies and Vaughan v. Metrahealth: Can an Employer'sLie be Used to Make an Inference of Discrimination?, …
examined Cited "but see" James A. Ross v. University of Texas at San Antonio Board of Regents of the University of Texas System, James A. Ross v. Russel Briner James Gaertner (4×) also: Cited as authority (rule)
5th Cir. · 1998 · signal: but see · confidence high
But see O'Connor v. Consolidated Coin Caterers Corp., 517 U.S. 308, 309-13 , 116 S.Ct. 1307, 1309-10 , 134 L.Ed.2d 433 (1996) (leaving the question of the applicability of the McDonnell Douglas paradigm in ADEA cases open); Rhodes, 75 F.3d at 1003-06 (DeMoss, J„ concurring in part and dissenting in part) (suggesting that there are important differences between the ADEA and Title VII that might support a different analysis). 3 .
discussed Cited "but see" Papa v. Union Carbide Corp. (2×)
S.D.W. Va · 1997 · signal: but see · confidence high
But see O’Connor v. Consolidated Coin Caterers Corp., 56 F.3d 542, 548 (4th Cir.1995)(disposing of ADEA reduction-in-force claim in prima facie stage for, among other things, plaintiffs failure to perform at sufficient level), rev’d on other grounds, — U.S.-, 116 S.Ct. 1307 , 134 L.Ed.2d 433 (1996).
discussed Cited "but see" Locke v. Gas Research Institute
N.D. Ill. · 1996 · signal: but see · confidence high
But see also Carson, 82 F.3d at 158 (stating that, after O'Connor v. Consolidated Coin Caterers Corp., - U.S. -, 116 S.Ct.. 1307, 134 L.Ed.2d 433 (1996), a plaintiff may establish a prima facie case of discrimination without regard to her replacement’s char acteristics, and finding Sample not authoritative regarding the fourth prong of a prima facie case).
discussed Cited "but see" Franklin Atkinson v. Denton Publishing Company
5th Cir. · 1996 · signal: but see · confidence high
McDonnell Douglas v. Green, 411 U.S. 792, 801-03 , 93 S.Ct. 1817, 1824 , 36 L.Ed.2d 668 (1973); but see O’Connor v. Consolidated Coin Caterers Corp.,-U.S. -, -, 116 S.Ct. 1307, 1309 , 134 *149 L.Ed.2d 433 (1996) (leaving open the question of whether McDonnell Douglas applies in ADEA cases).
discussed Cited "but see" FRANKLIN ATKINSON v. DENTON PUBLISHING COMPANY
unknown court · signal: but see · confidence high
McDonnell Douglas v. Green, 93 S. Ct. 1817, 1824 (1973); but see O'Connor v. Consolidated Coin Caterers Corp., 116 S. Ct. 1307, 1309 (1996) (leaving open the question of whether McDonnell Douglas applies in ADEA cases).
discussed Cited as authority (verbatim quote) Jesus Vargas v. Lockheed Martin Corporation et al.
C.D. Cal. · 2025 · quote attribution · 1 verbatim quote · confidence high
in the age-discrimination context, . . . an inference of 9 discrimination cannot be drawn from the replacement of one worker with another 10 worker insignificantly younger.
discussed Cited as authority (verbatim quote) Christine Linfante-Hill v. PVH Corp.
S.D.N.Y. · 2025 · quote attribution · 1 verbatim quote · confidence high
a plaintiff does not have to show that her replacement was not within the protected class . . . to establish a prima facie case of age discrimination.
discussed Cited as authority (verbatim quote) Okafor v. New York State Insurance Fund
S.D.N.Y. · 2025 · quote attribution · 1 verbatim quote · confidence high
the fact that one person in the protected class has lost out to another person in the protected class is . . . irrelevant, so long as he has lost out because of his age.
examined Cited as authority (verbatim quote) Sargent v. Franklin Square Hospital Center (2×) also: Cited as authority (rule)
D. Maryland · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the adea does not ban discrimination against employees because they are aged 40 or older; it bans discrimination against employees because of their age, but limits the protected class to those who are 40 years or older.
discussed Cited as authority (verbatim quote) Orlando Lopez// Texas Capital Bank v. Texas Capital Bank// Cross-Appellee, Orlando Lopez (2×) also: Cited as authority (rule)
Tex. App. · 2024 · quote attribution · 1 verbatim quote · confidence high
the fact that one person in the protected class has lost out to another person in the protected class is thus irrelevant, so long as he has lost out because of his age.
discussed Cited as authority (verbatim quote) Sebunya v. Mayorkas
D.D.C. · 2024 · quote attribution · 1 verbatim quote · confidence high
the overwhelming body of cases in most circuits has held that age differences of less than ten years are not 40 significant enough to make out an age discrimination prima facie case.
examined Cited as authority (verbatim quote) Fassbender v. Carroll University
E.D. Wis. · 2023 · quote attribution · 1 verbatim quote · confidence high
this language does not ban discrimination against employees because they are aged 40 or older; it bans discrimination against employees because of their age, but limits the protected class to those who are 40 or older.
discussed Cited as authority (verbatim quote) Sanchez v. Pueblo County School District 70
D. Colo. · 2023 · quote attribution · 1 verbatim quote · confidence high
because it lacks probative value, the fact that an adea plaintiff was replaced by someone outside the protected class is not a proper element of the mcdonnell douglas prima facie case.
discussed Cited as authority (verbatim quote) Anthony v. Alexandria City Public Schools
E.D. Va. · 2022 · quote attribution · 1 verbatim quote · confidence high
the fact that one person in the protected class has lost out to another person in the protected class is thus irrelevant, so long as she has lost out because of her age.
discussed Cited as authority (verbatim quote) Smith v. The Healthcare Authority for Baptist Health
M.D. Ala. · 2022 · quote attribution · 1 verbatim quote · confidence high
the prima facie case requires 'evidence adequate to create an 8 inference that an employment decision was based on an illegal discriminatory criterion.
discussed Cited as authority (verbatim quote) Driscoll v. Bob's Discount Stores
D. Conn. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
in the age- discrimination context, such a discriminatory inference cannot be drawn from the replacement of one worker with another worker insignificantly younger.
discussed Cited as authority (verbatim quote) Smith v. Big Lots Stores Inc
N.D. Ala. · 2021 · quote attribution · 1 verbatim quote · confidence high
the fact that one person in the protected class has lost out to another person in the protected class is thus irrelevant, so long as he has lost out because of his age.
discussed Cited as authority (verbatim quote) Freeman v. Fresenius Kabi USA, LLC.
N.D. Ill. · 2019 · quote attribution · 1 verbatim quote · confidence high
a termination is of course a materially adverse employment action.
discussed Cited as authority (verbatim quote) Margaret Inmon v. Mueller Copper Tube Co., Inc.
5th Cir. · 2019 · quote attribution · 1 verbatim quote · confidence high
a plaintiff may construct a sufficient inference that he was discharged because of age by showing that he was replaced in his position by someone not insignificantly younger than himself.
discussed Cited as authority (verbatim quote) Kangethe v. District of Columbia Government
D.D.C. · 2016 · quote attribution · 1 verbatim quote · confidence high
the fact that one's replacement is not in the same protected class as the discharged employee 'may help raise an inference of discrimination, but it is neither a sufficient or a necessary condition.
discussed Cited as authority (verbatim quote) Tim Lawson v. Graphic Packaging Intl, Inc. (2×) also: Cited as authority (rule)
5th Cir. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
in the age-discrimination context, such an inference of discrimination cannot be drawn from the replacement of one worker with another worker insignificantly younger.
examined Cited as authority (verbatim quote) Harold Ward v. International Paper (2×) also: Cited as authority (rule)
8th Cir. · 2007 · signal: see · quote attribution · 1 verbatim quote · confidence high
as the very name 'prima facie case' suggests, there must be at least a logical connection between each element of the prima facie case and the illegal discrimination for which it establishes a legally mandatory, rebuttable presumption.
discussed Cited as authority (verbatim quote) Locke v. W.R. Grace & Co.
Mass. Super. Ct. · 2004 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the fact that one person in the protected class has lost out to another person in the protected class is thus irrelevant, so long as he has lost out because of age
examined Cited as authority (verbatim quote) Olson, Charles P. v. Northern FS Inc (2×) also: Cited as authority (quoted)
7th Cir. · 2004 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
the fact that a replacement is substantially younger than the plaintiff is a far more reli- able indicator of age discrimination than is the fact that the plaintiff was replaced by someone outside the protected class.
examined Cited as authority (verbatim quote) General Dynamics Land Systems, Inc. v. Cline (2×)
SCOTUS · 2004 · signal: see, e.g. · quote attribution · 2 verbatim quotes · confidence high
because the adea prohibits discrimination on the basis of age . . . the fact that a replacement is substantially younger than the plaintiff is a . . . reliable indicator of age discrimination
examined Cited as authority (verbatim quote) James Girten v. McRentals Inc.
8th Cir. · 2003 · signal: see · quote attribution · 1 verbatim quote · confidence high
in the age-discrimination context, such an inference that an employment decision was based on an illegal criterion cannot be drawn from the replacement of one worker with another worker insignificantly younger.
examined Cited as authority (verbatim quote) Charles TESTERMAN, Plaintiff-Appellant, v. EDS TECHNICAL PRODUCTS CORPORATION, Defendant-Appellee
7th Cir. · 1996 · signal: see · quote attribution · 1 verbatim quote · confidence high
this language does not ban discrimination against employees because they are aged 40 or older; it bans discrimination against employees because of their age, but limits the protected class to those who are 40 or older.
examined Cited as authority (verbatim quote) Cook v. American General Life & Accident Insurance
M.D. Ala. · 1996 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the fact that a replacement is substantially younger than the plaintiff is a far more reliable indicator of age discrimination than is the fact that the plaintiff was replaced by someone outside the protected class.
examined Cited as authority (quoted) Howell v. Northwest Mississippi Community College (2×)
N.D. Miss. · 2024 · signal: cf. · quote attribution · 2 verbatim quotes · confidence low
the fact that one person in the protected class has lost out to another person in the protected class is ... irrelevant, so long as he has lost out because of his age
examined Cited as authority (quoted) Rivera v. Greater Hudson Valley Health System (GHVHS) (2×) also: Cited as authority (rule)
S.D.N.Y. · 2023 · quote attribution · 1 verbatim quote · confidence low
as the very name 'prima facie case' suggests, there must be at least a logical connection between each element of the prima facie case and the illegal discrimination for which it establishes a 'legally mandatory, rebuttable presumption.
discussed Cited as authority (quoted) Miller v. Nash County Department of Social Services (2×) also: Cited as authority (rule)
E.D.N.C. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence low
the fact that one person in the protected class has lost out to another person in the 15 protected class is thus irrelevant, so long as sjhe has lost out because of her age.
examined Cited as authority (quoted) Tyler v. District of Columbia Housing Authority (3×)
D.D.C. · 2017 · quote attribution · 3 verbatim quotes · confidence low
because it lacks probative value, the fact that an adea plaintiff was replaced by someone outside the protected class is not a proper element of the mcdonnell douglas prima facie case.
examined Cited as authority (quoted) Randy Jenkins v. City of San Antonio Fire Dept (3×)
5th Cir. · 2015 · quote attribution · 3 verbatim quotes · confidence low
in the age-discrimination context, such an inference cannot be drawn from the replacement of one worker with another worker insignificantly younger.
examined Cited as authority (quoted) Equal Employment Opportunity Commission v. Chipotle Mexican Grill (3×)
D. Mass. · 2015 · signal: see · quote attribution · 3 verbatim quotes · confidence high
the fact that an adea plaintiff was replaced by someone outside the protected class is not a proper element of the mcdonnell douglas prima facie ease.
examined Cited as authority (quoted) McInteer v. Ashley Distribution Services, Ltd. (3×)
C.D. Cal. · 2014 · quote attribution · 3 verbatim quotes · confidence low
ajn inference that a decision was based on age discrimination cannot be drawn from the replacement of one worker with another worker insignificantly younger.
examined Cited as authority (quoted) Landmesser v. Hazleton Area School District (3×)
M.D. Penn. · 2013 · quote attribution · 3 verbatim quotes · confidence low
the fact that a replacement is substantially younger than the plaintiff is a far more reliable indicator of age discrimination than is the fact that the plaintiff was replaced by someone outside the protected class.
examined Cited as authority (quoted) Homel v. Centennial School District (3×)
E.D. Pa. · 2011 · quote attribution · 3 verbatim quotes · confidence low
the fact that one person in the protected class has lost out to another person in the protected class is ... irrelevant, so long as he has lost out because of prohibited discrimination.
examined Cited as authority (quoted) Cecilia Acosta v. Government Employees Credit Union (3×)
Tex. App. · 2011 · quote attribution · 3 verbatim quotes · confidence low
the fact that a federal age discrimination plaintiff was replaced by someone outside the protected class is not a proper element of the mcdonnell douglas prima facie case.
examined Cited as authority (quoted) Acosta v. Government Employees Credit Union (3×)
Tex. App. · 2011 · quote attribution · 3 verbatim quotes · confidence low
the fact that a federal age discrimination plaintiff was replaced by someone outside the protected class is not a proper element of the mcdonnell douglas prima facie case.
examined Cited as authority (quoted) Cecilia Acosta v. Government Employees Credit Union (3×)
Tex. App. · 2011 · quote attribution · 3 verbatim quotes · confidence low
the fact that a federal age discrimination plaintiff was replaced by someone outside the protected class is not a proper element of the mcdonnell douglas prima facie case.
examined Cited as authority (quoted) Steeno v. Wabash National Trailer Centers (3×)
N.D. Ind. · 2011 · quote attribution · 3 verbatim quotes · confidence low
the fact that a replacement is substantially younger than the plaintiff is a far more reliable indicator of age discrimination than is the fact that the plaintiff was replaced by someone outside the protected class.
examined Cited as authority (quoted) Saenger v. Montefiore Medical Center (3×)
S.D.N.Y. · 2010 · quote attribution · 3 verbatim quotes · confidence low
the fact that a replacement is substantially younger than the plaintiff is a far more reliable indicator of age discrimination than is the fact that the plaintiff was replaced by someone outside the protected class.
examined Cited as authority (quoted) Diaz v. Eagle Produce Ltd. Partnership (3×)
9th Cir. · 2008 · quote attribution · 3 verbatim quotes · confidence low
in the age discrimination context ... an inference of discriminatory intent cannot be drawn from the replacement of one worker with another worker insignificantly younger.
examined Cited as authority (quoted) Earle v. Aramark Corporation (3×)
5th Cir. · 2007 · quote attribution · 3 verbatim quotes · confidence low
in the age-discrimination context, such an inference that an employment decision was illegitimately based on age cannot be drawn from the replacement of one worker with another worker insignificantly younger.
examined Cited as authority (quoted) Dirusso v. Aspen School District No. 1 (3×)
10th Cir. · 2004 · quote attribution · 3 verbatim quotes · confidence low
as the very name 'prima facie case' suggests, there must be at least a logical connection between each element of the prima facie case and the illegal discrimination for which it establishes a legally mandatory, rebuttable presumption.
examined Cited as authority (quoted) Charles P. Olson v. Northern Fs, Inc. (3×)
7th Cir. · 2004 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
the fact that a replacement is substantially younger than the plaintiff is a far more reliable indicator of age discrimination than is the fact that the plaintiff was replaced by someone outside the protected class.
examined Cited as authority (quoted) James D. Girten Carol S. Girten v. McRentals Inc., a Missouri Corporation Larry McDonald Richard J. Whalen (3×)
8th Cir. · 2003 · signal: see · quote attribution · 3 verbatim quotes · confidence high
in the age-discrimination context, such an inference that an employment decision was based on an illegal criterion cannot be drawn from the replacement of one worker with another worker insignificantly younger.
examined Cited as authority (quoted) Terry v. Ashcroft (3×)
2d Cir. · 2003 · signal: see · quote attribution · 3 verbatim quotes · confidence high
that one person in the protected class has lost out to another person in the protected class is ... irrelevant, so long as he has lost out because of his age.
Retrieving the full opinion text from the archive…
O’connor
v.
Consolidated Coin Caterers Corp.
95-354.
Supreme Court of the United States.
Apr 1, 1996.
517 U.S. 308
1996 U.S. LEXIS 2168
96 Cal. Daily Op. Serv. 2222
George Daly argued the cause for petitioner. With him on the briefs were Paul Alan Levy and Alan B. Morrison., Paul R. Q. Wolf son argued the cause for the United States et al. as amici curiae urging reversal. With him on the brief were Solicitor General Days, Assistant Attorney General Patrick, Deputy Solicitor General Bender, C. Gregory Stewart, Gwendolyn Young Reams, Lorraine C. Davis, and Barbara L. Sloan., James B. Spears, Jr., argued the cause for respondent. With him on the brief were Jacob J. Modla and Robert S. Phifer.*
Scalia.
Cited by 1,468 opinions  |  Published
24 passages pin-cited by 34 cases
Pinpoint authority: #1,069 of 633,719
Citer courts: S.D. New York (10) · Second Circuit (9) · Fifth Circuit (9) · D. Massachusetts (9) · Court of Appeals of Texas (9) · District of Columbia (6) · Seventh Circuit (4)
Justice Scalia

delivered the opinion of the Court.

This case presents the question whether a plaintiff alleging that he was discharged in violation of the Age Discrimination in Employment Act of 1967 (ADEA), 81 Stat. 602, as amended, 29 U. S. C. § 621 et seq., must show that he was replaced by someone outside the age group protected by the ADEA to make out a prima facie case under the framework established by McDonnell Douglas Corp. v. Green, 411 U. S. 792 (1973).

Petitioner James O’Connor was employed by respondent Consolidated Coin Caterers Corporation from 1978 until August 10, 1990, when, at age 56, he was fired. Claiming that he had been dismissed because of his age in violation of the ADEA, petitioner brought suit in the United States District Court for the Western District of North Carolina. After discovery, the District Court granted respondent’s motion for summary judgment, 829 F. Supp. 155 (1993), and peti[*310] tioner appealed. The Court of Appeals for the Fourth Circuit stated that petitioner could establish a prima facie case under McDonnell Douglas only if he could prove that (1) he was in the age group protected by the ADEA; (2) he was discharged or demoted; (3) at the time of his discharge or demotion, he was performing his job at a level that met his employer’s legitimate expectations; and (4) following his discharge or demotion, he was replaced by someone of comparable qualifications outside the protected class. Since petitioner’s replacement was 40 years old, the Court of Appeals concluded that the last element of the prima facie case had not been made out. [1] 56 F. 3d 542, 546 (1995). Finding that petitioner’s claim could not survive a motion for summary judgment without benefit of the McDonnell Douglas presumption (i. e., “under the ordinary standards of proof used in civil cases,” 56 F. 3d, at 548), the Court of Appeals affirmed the judgment of dismissal. We granted O’Connor’s petition for certiorari. 516 U. S. 973 (1995).

In McDonnell Douglas, we “established an allocation of the burden of production and an order for the presentation of proof in Title VII discriminatory-treatment cases.” St. Mary’s Honor Center v. Hicks, 509 U. S. 502, 506 (1993). We held that a plaintiff alleging racial discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U. S. C. § 2000e et seq., could establish a prima facie case by showing “(i) that he belongs to a racial minority; (ii) that he applied and was qualified for a job for which the employer was seeking applicants; (iii) that, despite his qualifications, he was rejected; and (iv) that, after his rejection, the position remained open and the employer continued to seek applicants from persons of [the] complainant’s qualifications.” McDonnell Douglas, [*311] 411 U. S., at 802. Once the plaintiff has met this initial burden, the burden of production shifts to the employer “to articulate some legitimate, nondiscriminatory reason for the employee’s rejection.” Ibid. If the trier of fact finds that the elements of the prima facie case are supported by a preponderance of the evidence and the employer remains silent, the court must enter judgment for the plaintiff. St. Mary’s Honor, Center, supra, at 509-510, and n. 3; Texas Dept. of Community Affairs v. Burdine, 450 U. S. 248, 254 (1981).

In assessing claims of age discrimination brought under the ADEA, the Fourth Circuit, like others, [2] has applied some variant of the basic evidentiary framework set forth in McDonnell Douglas. We have never had occasion to decide whether that application of the Title VII rule to the ADEA context is correct, but since the parties do not contest that point, we shall assume it. Cf. St. Mary’s Honor Center, supra, at 506, n. 1 (assuming that “the McDonnell Douglas framework is fully applicable to racial-discrimination-in-employment claims under 42 U. S. C. § 1983”). On that assumption, the question presented for our determination is what elements must be shown in an ADEA case to establish the prima facie case that triggers the employer’s burden of production.

As the very name “prima facie case” suggests, there must be at least a logical connection between each element of the prima facie case and the illegal discrimination for which it[*312] establishes a “legally mandatory, rebuttable presumption,” Burdine, supra, at 254, n. 7. The element of replacement by someone under 40 fails this requirement. The discrimination prohibited by the ADEA is discrimination “because of [an] individual’s age,” 29 U. S. C. § 623(a)(1), though the prohibition is “limited to individuals who are at least 40 years of age,” § 631(a). This language does not ban discrimination against employees because they are aged 40 or older; it bans discrimination against employees because of their age, but limits the protected class to those who are 40 or older. The fact that one person in the protected class has lost out to another person in the protected class is thus irrelevant, so long as he has lost out because of his age. Or to put the point more concretely, there can be no greater inference of age discrimination (as opposed to “40 or over” discrimination) when a 40-year-old is replaced by a 39-year-old than when a 56-year-old is replaced by a 40-year-old. Because it lacks probative value, the fact that an ADEA plaintiff was replaced by someone outside the protected class is not a proper element of the McDonnell Douglas prima facie case.

Perhaps some courts have been induced to adopt the principle urged by respondent in orden to avoid creating a prima facie case on the basis of very thin evidence — for example, the replacement of a 68-year-old by a 65-year-old. While the respondent’s principle theoretically permits such thin evidence (consider the example above of a 40-year-old replaced by a 39-year-old), as a practical matter it will rarely do so, since the vast majority of age-discrimination claims come from older employees. In our view, however, the proper solution to the problem lies not in making an utterly irrelevant factor an element of the prima facie case, but rather in recognizing that the prima facie case requires “evidence adequate to create an inference that an employment decision was based on a[n] [illegal] discriminatory criterion . . . .” Teamsters v. United States, 431 U. S. 324, 358 (1977) (empha[*313] sis added). In the age-discrimination context, such an inference cannot be drawn from the replacement of one worker with another worker insignificantly younger. Because the ADEA prohibits discrimination on the basis of age and not class membership, the fact that a replacement is substantially younger than the plaintiff is a far more reliable indicator of age discrimination than is the fact that the plaintiff was replaced by someone outside the protected class.

The judgment of the Fourth Circuit is reversed, and the case is remanded for proceedings consistent with this opinion.

It is so ordered.

1

The court also concluded that even under a modified version of the McDonnell Douglas prima facie standard which the Fourth Circuit applies to reduction-in-foree eases, see Mitchell v. Data General Corp., 12 F. 3d 1310, 1315 (1993), petitioner could not prevail. We limit our review to the Fourth Circuit’s treatment of this case as a non-reduction-in-force case.

2

See, e. g., Roper v. Peabody Coal Co., 47 F. 3d 925, 926-927 (CA7 1995); Rinehart v. Independence, 35 F. 3d 1263, 1265 (CA8 1994), cert. denied, 514 U. S. 1096 (1995); Seman v. Coplay Cement Co., 26 F. 3d 428, 432, n. 7 (CA3 1994); Roush v. RFC Nat. Mgt. Co., 10 F. 3d 392, 396 (CA6 1993), cert. denied, 513 U. S. 808 (1994); Lindsey v. Prive Corp., 987 F. 2d 324, 326, n. 5 (CA5 1993); Goldstein v. Manhattan Industries, Inc., 758 F. 2d 1435, 1442 (CA11), cert. denied, 474 U. S. 1005 (1985); Haskell v. Kaman Corp., 743 F. 2d 113, 119, and n. 1 (CA2 1984); Cuddy v. Carmen, 694 F. 2d 853, 856-857 (CADC 1982); Douglas v. Anderson, 656 F. 2d 528, 531-532 (CA9 1981); Loeb v. Textron, Inc., 600 F. 2d 1003, 1014-1016 (CA1 1979); Schwager v. Sun Oil Co. of Pa., 591 F. 2d 58, 60-61 (CA10 1979).