Final answer:
The claim of a 35-year-old employee fired because his employer thinks he is too old could still be a valid age discrimination case under the ADEA. Age discrimination includes any unfavorable employment action based on age perceptions, whether expressly covered by ADEA or not, reflecting potentially unlawful ageist attitudes.
Step-by-step explanation:
The claim made by a 35-year-old employee who is fired because his employer incorrectly believes he is too old to do his job may still be considered valid under the Age Discrimination in Employment Act of 1967 (ADEA). The ADEA makes it unlawful for an employer to discharge or discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of the individual's age. Although the ADEA explicitly protects individuals who are age 40 or older, firing an employee based on the perception of being 'too old' could potentially reflect discriminatory attitudes and could be a part of a broader age discrimination case.
Importantly, the provided scenario could encompass factors that are indicative of ageist perceptions, which can affect individuals both younger and older in the workplace. These could manifest as negative stereotypes or assumptions about an employee's abilities based solely on age, rather than actual performance and qualifications. In such cases, seeking the advice of the U.S. Equal Employment Opportunity Commission (EEOC) may be helpful for the individual who believes they have been subjected to age discrimination.