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Texas state agencies immune from ADEA

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in Discrimination and Harassment,Human Resources

A federal court has refused to overturn earlier decisions holding that, in Texas, state agencies are exempt from the federal Age Discrimination in Employment Act.

Recent case: Robert had worked at Texas State Technical College for about 40 years when he began to believe he was missing out on raises and promotions because of his advancing years. When he was terminated over what he described as having had a margarita at lunch, he sued for ADEA age discrimination.

The employer, a Texas state governmental agency, moved to dismiss the case based on the concept of sovereign immunity. It claimed that because the ADEA does not specifically address sovereign immunity under the 11th Amendment of the U.S. Constitution, it could not be sued. The federal court hearing the case agreed and dismissed Robert’s lawsuit. (White v. Texas State Technical College, WD TX, 2018)

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