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ADEA claim reinstated by 11th Circuit

ADEA claim reinstated by 11th Circuit

ADEA claim reinstated by 11th Circuit

When a 62-year-old fundraiser was fired by a hospital foundation, she claimed that her boss told her he needed someone younger who could be paid less money. Her case for discrimination under the Age Discrimination in Employment Act was dismissed by a District Court in Florida on the ground that the foundation would have reached the “same decision” because of evidence that she was not able to do her job. But relying on a 2009 U.S. Supreme Court case that rejected a “same decision” defense in ADEA cases, the Eleventh Circuit Court of Appeals has reversed the summary judgment and remanded the case for trial. The woman had produced corroborative evidence in her case from two other employees...

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