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Age discrimination case will not be dismissed

Defendants in lawsuits here in Texas and elsewhere will often attempt to have a case dismissed by claiming that it does not have merit. This happens more frequently than most would like to admit in cases alleging race, gender and/or age discrimination. Whether the case is allowed to proceed depends on numerous factors.

For example, a former university professor applied for a professorship in the university's Women's and Gender Studies program. The 63-year-old woman claims that the requirements for the position were purposely constructed to eliminate her from contention. Specifically, one of the educational requirements was a Ph.D. in a discipline that was not even available until 1995.

The lawsuit alleges that this requirement was used to hire a younger candidate for the position that is supposedly not as qualified as the former professor. Then, after teaching at Minnesota State University Moorhead since 2009, the head of her department failed to renew her contract for the 2015-2016 school year. The university filed a motion with the court to have the case dismissed. The judge presiding over the case recently denied that motion and ruled that the case could move forward.

Employers here in Texas, Minnesota or elsewhere are supposed to have policies and procedures in place that discourage gender, race and age discrimination. However, that does not always stop it from occurring. When an employee believes that he or she is being discriminated against in violation of federal and state law, a complaint might be appropriate. Not only should the particular individual's issues be addressed, but it could also potentially expose additional discrimination by an employer since these issues are rarely isolated incidents.

Source:, "Former professor's age discrimination suit against MSUM clears hurdle", Aug. 12, 2016

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