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Labor/Employment

Jun. 20, 2012

Court rules 'minimal' statistical evidence sufficient to esablish an FEHA claim

The ruling lowers the proof required to assert a prima facie claim of intentional age discrimination. By Brian W. Franklin of Archer Norris PC


By Brian W. Franklin


The 9th U.S. Circuit Court of Appeals' ruling in an age discrimination in employment case has lowered the bar on the proof required to state a claim under the Fair Employment and Housing Act. The ruling issued on May 29 in Schechner v. KPIX-TV, 2012 DJDAR 7027 (9th Cir. 2012), clarifies that a plaintiff claiming an employer's policy discriminates against the elderly may rely solely on statistical data to establish a prima facie...

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