The West Virginia Supreme Court has reversed a previous ruling it made that dismissed a lawsuit alleging age discrimination.
The Charleston Gazette-Mail reports that the court on April 14 reversed its decision to uphold a judge’s ruling which dismissed 65-year-old Martha Knotts’ lawsuit against her former employer.
Knotts had petitioned for a rehearing, arguing that the judge didn’t consider the U.S. Supreme Court’s ruling in O’Connor v. Consolidated Coin Caterers Corp. In that case, the court found that a determination about whether a replacement is substantially younger than a plaintiff is a more reliable indicator of age discrimination.
The state Supreme Court’s decision also overrules a 2010 case that stated that a person over 40 couldn’t allege age discrimination if the person who replaces him or her is also over 40.
Topics Virginia
Was this article valuable?
Here are more articles you may enjoy.
Experian Launches Insurance Marketplace App on ChatGPT 
How One Fla. Insurance Agent Allegedly Used Another’s License to Swipe Commissions 
Florida Insurance Costs 14.5% Lower Than Without Reforms, Report Finds 
New York’s Mid-Hudson Insurance to Acquire Hanover Fire of Pennsylvania 
