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Baytown falls victim to growing age bias lawsuit trend

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in Discrimination and Harassment,Firing,Human Resources,Leaders & Managers,Performance Reviews

Former Baytown municipal employee Richard Hensley is suing the city, arguing that a negative performance appraisal he received reflects a pattern of discrimination against older workers.

After a supervisor gave him an allegedly “untruthful and inaccurate” review, Hensley says he was given an impossible list of ways to improve within 30 days. Eventually he was discharged. His lawsuit claims he was fired because of his age, not his job performance. The lawsuit argues that the city of Baytown routinely replaces older employees with younger, unqualified replacements.

Hensley’s suit accuses the city of violating the Texas Commission on Human Rights Act by firing him because of his age.

Note: As the job market continues to stagnate and the state’s workforce continues to get older, watch out for more age discrimination lawsuits. Attorneys who represent fired employees will always look at the age angle when deciding whether to pursue a case.

Advice: The key to winning lawsuits like this one is being able to provide documentation that proves you followed your own sound policies for treating all employees fairly and impartially.

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