Recent Texas Age Discrimination Ruling a Double-Edged Sword for Businesses


January 28, 2013

A recent Texas Supreme Court ruling seemingly provides a blueprint for businesses to win age discrimination suits in Texas courts by preventing plaintiffs from proceeding if they are replaced with an older worker. Good news? Not so fast. This ruling practically ensures that dissatisfied employees will now skip state courts and take their claims to federal courts, which have ruled that hiring an older employee is not a dispositive defense. The stakes are much higher in federal court, and suits in this arena will increase the risk and cost of doing business for Texas companies. In "Employees of a Certain Age," published in the January 2013 issue of Texas CEO Magazine, Segal McCambridge associate J.R. Skrabanek evaluates the potential impact of the ruling and provides tips on how companies can protect themselves from costly litigation.

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