2nd Circ. Won't Revive Age Bias Suit Over 'Stray Remark'

Law360, New York (October 15, 2012, 5:13 PM EDT) -- The Second Circuit refused Monday to revive a 71-year-old's age bias suit, despite the U.S. Equal Employment Opportunity Commission's support for the plaintiffs' claim that an age-related comment made soon before his termination was not a stray remark but evidence of discrimination.

Burton Fried, a former executive at environmental and building remediation company LVI Services Inc., had urged the appeals court to reinstate his case, but the Second Circuit said in a summary order that he had failed to show that the company's nondiscriminatory reason for...
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