10th Circ. Revives Casino 'Sex-Plus-Age' Firing Bias Suit

Law360 (July 21, 2020, 10:26 PM EDT) -- Workers can press so-called sex-plus-age theories alleging employers violated Title VII of the Civil Rights Act by discriminating against older members of one sex but not the other, the Tenth Circuit said Tuesday in a ruling reviving a suit over layoffs at Golden Mardi Gras Casino in Colorado.

A three-judge panel said claims that casino operator Affinity Gaming discriminated against older women are viable under Title VII — which bans bias "because of sex" and other factors — even though that law does not address age, citing the U.S. Supreme Court's ruling in Bostock v. Clayton County that a worker has a...

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