- Associated Press - Monday, April 18, 2016

CHARLESTON, W.Va. (AP) - The West Virginia Supreme Court has reversed a previous ruling it made that dismissed a lawsuit alleging age discrimination.

The Charleston Gazette-Mail (https://bit.ly/1pbNrlp ) reports that the court on Thursday reversed its decision to uphold a judge’s ruling which dismissed 65-year-old Martha Knotts’ lawsuit against her former employer.

Knotts had petitioned for a rehearing, arguing that the judge didn’t consider the U.S. Supreme Court’s ruling in O’Connor v. Consolidated Coin Caterers Corp. In that case, the court found that a determination about whether a replacement is substantially younger than a plaintiff is a more reliable indicator of age discrimination.

The state Supreme Court’s decision also overrules a 2010 case that stated that a person over 40 couldn’t allege age discrimination if the person who replaces him or her is also over 40.


Information from: The Charleston Gazette-Mail, https://wvgazettemail.com.

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