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can you fire older employees and replace them with a younger Workforce no you canamp;#39;t a president and a CEO of a company did so the CEO also made dozens of discriminatory age-related comments about current and potential employees the company repeatedly turned down qualified older employees in favor of less qualified younger employees those actions violated the age discrimination in Employment Act which prohibits discrimination against people aged 40 and above the equal employment opportunity commission filed a lawsuit and the company would pay 460 thousand dollars to settle it employment decisions must be made based on employee qualifications not on stereotypes