Ronald N. and Karen M. Gross - Page 18




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          & Supp. 2000).  Damages for mental anguish or suffering,                       
          reasonable attorney’s fees, and punitive damages also may be                   
          awarded to the aggrieved party.  See id.9  Thus, we conclude that              
          the Minnesota Human Rights Act compensates an aggrieved party for              
          “the other traditional harms associated with personal injury.”                 
          Commissioner v. Schleier, supra at 336.                                        
               Under the Minnesota Human Rights Act, it is an unfair                     
          employment practice for an employer to discharge an employee                   
          because of age.  See Minn. Stat. Ann. sec. 363.03, subd. 1(2)(b).              
          In order to prove a prima facie case of age discrimination under               
          Minnesota law, a plaintiff must show:  (1) He was a member of a                
          protected class,10 (2) he was qualified for the position he held,              
          (3) despite his qualifications, his position was terminated, and               
          (4) a younger person was assigned to do his work.  See Ward v.                 



               9In an employment case involving discrimination, the statute              
          also provides for:                                                             
               the hiring, reinstatement or upgrading of an aggrieved                    
               party, who has suffered discrimination, with or without                   
               back pay, admission or restoration to membership in a                     
               labor organization, or admission to or participation in                   
               an apprenticeship training program, on-the-job training                   
               program, or other retraining program, or any other                        
               relief the administrative law judge deems just and                        
               equitable.  [Minn. Stat. Ann. sec. 363.071, subd. 2(a)                    
               (West 1991 & Supp. 2000).]                                                

               10Minn. Stat. Ann. sec. 363.01, subd. 3 (West 1991 & Supp.                
          2000) protects individuals over the age of majority, except for                
          Minn. Stat. Ann. sec. 363.03, subd. 5 (West 1991 & Supp. 2000),                
          which protects individuals over the age of 25 years.                           





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