Summary Judgment Reversed In Age Discrimination Case.

The Ninth Circuit reversed the grant of summary judgment in a case which alleged violation of the Age Discrimination in Employment Act [28 U.S.C. §621].  Plaintiff was 54 years old with 29 years of experience.  Someone else who was 42 years old and had two years of experience was hired.  During the process, there was an inquiry regarding projected retirement dates of applicants, and plaintiff was not given an interview.  The circuit court found there is a material dispute as to whether there was age-related bias.  Shelley v. Geren (Ninth Cir.; January 12, 2012) 666 F.3d 599.