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Date: 07-24-2023
Case Style:
Case Number: 3:22-cv-01200
Judge: Brantley Starr
Court: United States District Court for the Northern District of Texas (Dallas County)
Plaintiff's Attorney: Joseph Ahmad, Edward Goolsby, Kyle Poelker
Defendant's Attorney: Laura E. Calhoun and Charles Douglas Carter, II
Description: Dallas, Texas employment law lawyers represented Plaintiff who sued Defendant on a civil rights age job discrimination theory.
Age discrimination is a type of discrimination that occurs when someone is treated less favorably because of their age. Age discrimination can happen in many different areas of life, including employment, housing, education, and public accommodations.
In the United States, age discrimination is illegal under federal law, as well as in most states. The Age Discrimination in Employment Act of 1967 (ADEA) prohibits employers from discriminating against employees who are 40 years of age or older. The ADEA applies to all employers with 20 or more employees.
The ADEA prohibits discrimination in all aspects of employment, including hiring, firing, pay, benefits, promotions, training, and layoffs. The ADEA also prohibits retaliation against employees who complain about age discrimination.
To prove age discrimination, a plaintiff must show that they were:
40 years of age or older
Treated less favorably than someone who was younger
The age of the plaintiff was a factor in the adverse employment action
The plaintiff does not have to prove that the employer intentionally discriminated against them. Age discrimination can be proved even if the employer did not intend to discriminate.
If you believe that you have been the victim of age discrimination, you should consult with an attorney. An attorney can help you understand your legal rights and options.
Here are some examples of age discrimination:
An employer fires an employee because they are 60 years old.
An employer refuses to hire an applicant because they are 50 years old.
An employer pays an employee less than someone who is younger for the same job.
An employer denies an employee a promotion because they are 55 years old.
An employer retaliates against an employee who complains about age discrimination.
If you believe that you have been the victim of age discrimination, you should:
Document the discrimination. Keep a record of the dates, times, and details of the discriminatory treatment.
Talk to your supervisor or human resources department. If you are not comfortable talking to your supervisor or human resources department, you can file a complaint with the Equal Employment Opportunity Commission (EEOC).
The EEOC is the federal agency that enforces the ADEA. The EEOC can investigate your complaint and take action against your employer if they find that you have been discriminated against.
You can also file a lawsuit against your employer in federal court. If you win your lawsuit, you may be able to recover damages for your lost wages, emotional distress, and other losses.
If you have been the victim of age discrimination, you should not hesitate to take action. Age discrimination is a serious problem, and you have legal rights.
Outcome: 07/24/2023 29 MEMORANDUM OPINION AND ORDER: The Court GRANTS Plaintiff Timothy Seib's motion to dismiss and DISMISSES WITHOUT PREJUDICE Seib's complaint. Each party shall bear its own costs. (Ordered by Judge Brantley Starr on 7/24/2023) (twd) (Entered: 07/24/2023)
Plaintiff's Experts:
Defendant's Experts:
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