In an age discrimination suit filed in the wake of a lay-off, the plaintiff need not show that the employer retained workers under the age of 40, but only that workers who are “sufficiently younger” than the plaintiff were kept on, the 3rd U.S. Circuit Court of Appeals has ruled.
In his opinion in Showalter v. University of Pittsburgh Medical Center, U.S. Circuit Judge Samuel A. Alito found that the U.S. Supreme Court has effectively overturned a line of 3rd Circuit cases that required such laid-off plaintiffs to show that the company retained workers who are “unprotected” by the Age Discrimination in Employment Act.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Not a Bloomberg Law Subscriber?
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]