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By ALM Staff | Law Journal Newsletters |

Tenth Circuit Finds 5-Year Age Difference Not Insignificant As a Matter of Law in Age Discrimination Cases

The Tenth Circuit has held that for purposes of proving a claim under the Age Discrimination in Employment Act (ADEA), an age difference of 5 years or less between the terminated employee and his or her replacement does not bar a finding of age discrimination as a matter of law. Whittington v. The Nordam Group, Inc., 429 F.3d 986 (10th Cir., Nov. 29).

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