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 The Gold Law Firm 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 The Gold Law Firm 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.
