In the previous post, we discussed the age discrimination claims that arose during an acquisition that involved the Boeing Company. The scenario arose from an acquisition of Kansas and Oklahoma-based Boeing departments, wherein the employees in these plants were all terminated and not all were rehired following the acquisition.

The employees who were not rehired claimed the reason for not being rehired was based on their age and an age discrimination lawsuit was filed. The initial lawsuit was dismissed in district court. The initial dismissal was appealed and the appellate court has made a decision.

The 10th Circuit Court of Appeals recently made a decision regarding this Kansas and Oklahoma-based age discrimination case. The appellate court, in a unanimous decision, affirmed the district court’s decision.

In the appellate court’s decision, the court acknowledged the evidence presented by the previously terminated employees. The evidence, and acknowledgement by the court, consisted of evidence that discrimination did in fact occur during the acquisition of the Kansas and Oklahoma department. Although this evidence was presented to the court, the court stated the employees could not prove there was a pattern that indicated age discrimination. Specifically, the court stated the employees were unable to prove a significant disparate impact in regard to older employees as a pattern of the company’s hiring practices.

Age discrimination is a type of discrimination that potentially faces many employees. As a workforce ages, employees may face the repercussions of this type of discrimination and an experienced attorney can help an employee avert discrimination and reach their employment goals.

Source: Business Insurance, “Dismissal of former Boeing workers’ age discrimination suit upheld on appeal,” Judy Greenwald, Aug. 29, 2012