Are You in the Healthcare Field?

Find Out How We Can Help »
Millions Recovered For Our Clients No Fees Unless We Win

Appeals Court Sides with Former Surgeon in Age Discrimination Case

March 23rd, 2021

The U.S. Court of Appeals for the Third Circuit recently ruled that a plaintiff in an age discrimination case does not need to know the specific age of the person who replaced them. The ruling comes after an initial lawsuit filed by a 70-year-old orthopedic surgeon was dismissed because the former surgeon did not know the exact age of those who replaced him. The U.S. Court of Appeals for the Third Circuit reversed that decision, stating the plaintiff could tell by appearance that the new hires were younger than him. That was a sufficient standard to survive a motion to dismiss. The court added that the exact age of the two doctors would come out during discovery.

Traci Greenberg of Sidney L. Gold & Associates, P.C. represented the plaintiff in his age discrimination lawsuit. Regarding the case, she stated, “As a civil rights attorney, I firmly believe that we should make it more equitable for workers to assert violations of their civil rights as opposed to making it more difficult. By recognizing the ‘common sense’ manner in which plaintiffs may assert their claims, the Third Circuit chose not to impose a seemingly impossible burden on plaintiffs at the pleading phase of their cases. This is a victory not just for Dr. Martinez but also for all older workers in our circuit.”

If you are facing age discrimination in the workplace, contact the Philadelphia age discrimination lawyers at Sidney L. Gold & Associates, P.C. today. Call 215-569-1999 or contact us online to schedule a free consultation. Located in Philadelphia and Pennsauken, New Jersey, we serve clients throughout northeast Philadelphia, Wilkes-Barre, Scranton, Bucks County, Chester County, Delaware County, Montgomery County, and South Jersey.

EMPLOYMENT LAW PRACTICE AREAS
View All Practices
Sidney L. Gold SuperLawyer 16 years
Top Rated Lawyers Legal Leaders
ASLA 2019 badge
ATA Lifetime
BBB Rating
Best Lawyers Award Badge
Best Lawyers Award Badge
Institute Visionary Circle Badge
Best Employment lawyers in Philadelphia
2019 American Trail Lawyers badge
Lead Counsel Rated
life time achievement
million dollar advocates badge
AV Peer Review Rated
Philly Happening
Top one badge
Silver Client Champion Award 2020
super lawyers badge
Bar Register 2021
Bar Register 2021 Seal
Elite Lawyer Badge
NAOATTY 2021 Distinguished Member Badge
MH Preeminent

As Seen On

avvo lawyers.com Martindale Justia FindLaw
© 2021 Sidney L. Gold and Associates, P.C. All rights reserved. [ Site Map | Privacy Policy ]

Attorney Advertising Materials. Sidney L. Gold is responsible for the content of this website. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

* The awards and accolades displayed on this website were issued to the attorneys, or the entire law firm by the respective providers of these honors. They are as follows, Avvo Inc., Super Lawyers®, Martindale Hubbell Peer Review Rated, ASLA 2019 Top 100 Lawyers, Million Dollar Advocates Forum, Legal Leaders Top Rated Lawyers 2018, Bar Register Preeminent Lawyer 2019, Happening List Winner 2019, BBB Accredited Business, National Association of Distinguished Counsel Top 1 Percent 2017, America's Top 100 Attorneys, The Employee Rights Advocacy Institute for law and policy 2017-2018, Best Lawyers 2019, Lead Counsel Rated, Top Employment Lawyers in Philadelphia, Association of American Trial Lawyers Top 100 in 2019 and Martindale Hubbell Client Champion Silver 2019. No aspect of these advertisements have been approved by the Supreme Court of New Jersey.