‘Baby Lawyers’ Case to Test Proof Needed for Workplace Age Bias

Workers suing for age bias under federal law don’t need to show a younger replacement assumed all of their job duties to prevail, a former senior assistant county attorney in Georgia and the EEOC will tell the Eleventh Circuit today.

The test the U.S. Supreme Court established for evaluating a worker’s prima facie proof of discrimination was intended to be adjusted to the particular circumstances of a given case, Mark Thompson and the Equal Employment Opportunity Commission said in briefs filed with the appeals court. A lower court mistakenly applied the test rigidly in Thompsons’s case, they said.

Thompson worked ...