AT&T Wants Age Discrimination Claims Tossed

By Nick Brown

Law360, New York (November 17, 2009, 12:37 PM ET) -- AT&T has asked a federal court to dismiss allegations of age discrimination against retired workers the company refused to rehire, saying the U.S. Equal Employment Opportunity Commission failed to state a claim.

The telecommunications giant, facing claims that its no-rehire policy disproportionately affects older workers, rendered its dismissal motion Tuesday in the U.S. District Court for the Southern District of New York, saying Section 623(a)(1), the subsection governing EEOC's claim, would not support such an allegation.

Subsection 1 is reserved for disparate treatment claims — allegations...
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