2nd Circuit’s Second Ruling in Case Reverses a Finding of Age Bias

Reversing a decision involving furloughed workers over age 40, the 2nd Circuit has overturned a $6 million jury award and held that laid off workers claiming disparate treatment due to age must meet the burden of demonstrating that their termination was unreasonable. Writing for the appeals court in a 2-1 opinion, Judge Dennis Jacobs found that the U.S. Supreme Court’s decision made clear that a worker must show that an employment decision resulted in tangible statistical inequality.

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