Is that enough? How an age discrimination claim can move forward

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Abstract: Two lauded employees, each with over 20 years of experience, were passed over for higher positions. They alleged age discrimination, but because they introduced the idea that personal friendship played a role in the matter, the trial court determined that they were unable to show the “but-for” causation necessary to prevail. However, as this article explains, an appeals court decided that their claim could withstand a motion to dismiss. Nevertheless, a sidebar discusses a previous, related case in which the Supreme Court seemingly made it more difficult for employees to allege age discrimination against employers. Leal v. McHugh, No. 12-40069, Sept. 26, 2013 (5th Cir.) Gross v. FBL Financial Services, No. 08-441, June 18, 2009 (Supreme Court) Smith v. City of Jackson, No. 03-1160, March 30, 2005 (Supreme Court) Hazen Paper Co. v. Biggins, No. 91-1600, April 20, 1993 (Supreme Court)