9th Circ. Clarifies Standards For Age Bias Evidence

Law360, New York (September 26, 2011, 8:40 PM EDT) -- Employees who are within the protected class for age discrimination can still be used for comparison when determining whether a company's younger employees are treated more favorably, the Ninth Circuit ruled Monday, reversing a ruling in favor of Nielsen Media Research Inc.

In the case, 59-year-old Christine Earl alleged that she was fired from the company because of her age, while Nielsen claimed she had violated company policy. Earl argued that younger employees, some of them over 40, had violated the same policies and not been...
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