Fifth Circuit Recognizes Hostile Environment Claim Under the ADEA

In Dediol v. Best Chevrolet Inc., the Fifth Circuit holds for the first time that it will recognize ADEA harassment claims, and concludes that the facts were bad enough to support not only a claim for age-based harassment, but constructive discharge as well. "A plaintiff advances such a claim by establishing that (1) he was over the age of 40; (2) the employee was subjected to harassment, either through words or actions, based on age; (3) the nature of the harassment…

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