Texas Supreme Court clarifies: It’s not age bias if new worker is older than the original

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in Discrimination and Harassment,Firing,Human Resources

The Texas Supreme Court has just made it much easier for employers to avoid age discrimination claims. In what the court calls a “true replacement case” under the Texas Commission on Human Rights Act (TCHRA), an older worker must show that she was replaced by a younger worker.

If the replacement was older than the original job-holder, her case will be dismissed early in the legal process, unless the suing employee can show direct evidence of age discrimination, such as a manager’s statement that she was fired because she was old.

Recent case: Gloria worked for the Mission Consolidated Inde­­pen­dent School District for 27 years. She was fired in 2003 and sued. Her allegations: That she was fired because she participated in protected activities and because she is a woman of Mexican-American descent who was 48 years old when she lost her job.

The school district asked the court to toss out Gloria’s lawsuit since it had hired a...(register to read more)

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