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The Fifth Circuit Court Of Appeals Upheld The District Court Judge’s Dismissal

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March 2013

The Fifth Circuit Court of Appeals upheld the district court judge’s dismissal of a plaintiff’s claims of age discrimination and retaliation under the Fair Labor Standards Act.  The Court concluded that, regardless of both the plaintiff’s age and/or any protected conduct by the plaintiff, the defendant had a legitimate, non-discriminatory reason for terminating the plaintiff, and the plaintiff failed to establish that the employer’s proffered reason for terminating the plaintiff was pretextual.