Employer avoids bias claim even though it didn't follow own policies

The U.S. 9th Circuit Court of Appeals (whose rulings apply to all California employers) recently considered whether an employer could avoid an age discrimination claim even though it failed to follow its own policy when selecting the employee to be laid off. The court concluded that it could because the employee's evidence was insufficient to show that its stated reasons for his selection were a pretext (or cover-up) or that age discrimination was a substantial factor in its decision.

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