An employer got sued for age bias. It admitted wanting to advance younger employees. It prevailed. HOW?!?

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The U.S. Army employed a “septuagenarian civilian doctor.”

Well, at least it used to.

The Army ended his employment as Chief of Surgery and replaced him with a military officer half his age.

So, he sued the Army for age discrimination.

As part of discovery, the record confirmed that the Army’s decision to replace the plaintiff with a younger doctor was part of a hospital-wide policy change designed “to put uniformed personnel in the department leadership roles as career development opportunities for young Officers.”

About a week or so ago, I talked about direct evidence of discrimination. A statement

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