Courts Ignore Age Bias Evidence, EEOC Tells 2nd. Circ.

Law360, New York (October 5, 2012, 7:00 PM EDT) -- The U.S. Equal Employment Opportunity Commission on Friday urged the Second Circuit to reopen a case in which an executive was fired after a remark about his age, saying lower courts have repeatedly overlooked evidence of age bias.

The appeals court should allow Burton Fried, a former executive at environmental and building remediation company LVI Services Inc., to bring his claims of age bias before a jury, EEOC lawyer Elizabeth Theran told a panel at oral arguments in Manhattan.

Fried, who once served as LVI's CEO,...
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