5th Circuit: Circumstantial Evidence Of Age Bias Isn’t Enough For Claim To Survive

Mealey's (November 16, 2018, 9:54 AM EST) -- NEW ORLEANS — Comments about a worker’s age and statements that he should retire may constitute circumstantial evidence of age bias, but do not qualify as the direct evidence necessary for the worker to proceed with his claim under the Age Discrimination in Employment Act (ADEA), a Fifth Circuit U.S. Court of Appeals panel ruled Nov. 14 (Travis Simmons v. SAIA Motor Freight Line, L.L.C., No. 18-20168, 5th Cir., 2018 U.S. App. LEXIS 32255)....