Texas High Court Raises Bar In Age Discrimination Suits

Law360, New York (June 29, 2012, 4:52 PM EDT) -- Texas’ highest court ruled Friday that a former school district employee’s age discrimination claim could not survive dismissal because she was replaced by someone older and failed to set forth additional proof that she was fired based on her age.

The Texas Supreme Court held that Gloria Garcia’s claim, brought under the Texas Commission on Human Rights Act, was not entitled to a presumption of age discrimination under U.S. Supreme Court precedent, since the undisputed evidence showed she was replaced by someone older.

“Our holding today...
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