Calif. Judge Keeps Alive BofA Age Discrimination Action

Law360, New York (October 30, 2012, 8:16 PM EDT) -- A California federal judge on Tuesday refused to throw out a putative class action alleging Bank of America Corp.’s hiring practices discriminate against older workers, saying the lead plaintiff had properly pled his disparate impact claim.

Gary Ernst, described in the complaint as a “57-year-old gentleman with excellent experience as a financial adviser,” filed suit in May claiming BofA violated the Age Discrimination in Employment Act by passing him over for a job — despite his clear qualifications — after he stated his age in a...
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