3rd Circ. Remands Age, Disability Bias Suit Against Pa. DEP

Law360, New York (September 16, 2013, 7:05 PM EDT) -- The Third Circuit on Monday vacated a district court’s dismissal of injunctive relief claims in a suit launched by a job applicant accusing the head of Pennsylvania’s Department of Environmental Protection of refusing to hire him due to age and disability discrimination.

A three-judge panel of the Third Circuit ruled that the district court correctly booted plaintiff Chandler P. Smith’s damages claims in his discrimination suit against the secretary of the DEP on grounds they are barred by the Eleventh Amendment. The panel said, however, that...
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