Age-Related Barb Before Axing Not A Stray Remark: EEOC

Law360, New York (March 7, 2012, 5:45 PM EST) -- An age-related comment made soon before an employee's termination is not a stray remark, but rather evidence of discrimination, the U.S. Equal Employment Opportunity Commission said Monday in a brief urging the Second Circuit to revive an age bias suit brought by a 71-year-old worker.

The EEOC filed its amicus brief in support of plaintiff-appellant Burton Fried, a former executive at LVI Services Inc., whose claims under the Age Discrimination in Employment Act and New York City Human Rights Law were nixed by a New York...
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