DOD Looks To Dismiss Age Bias Suit

Law360, New York (October 24, 2007, 12:00 AM EDT) -- Defense Secretary Robert M. Gates is looking to dismiss a case on summary judgment that accuses the Defense Department of discriminating against an employee based on her age and alleged drug use.

In court documents filed Tuesday with the U.S. District Court for the Eastern District of Texas, the Defense Department said the plaintiff failed to receive a promotion because another person performed better in an interview, not because of her age.

It further noted that plaintiff Betty B. Fuller previously requested to be transferred to...
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