The Texas Supreme Court held that an age discrimination plaintiff is never entitled to an inference of age discrimination at the prima facie case where the employee’s replacement is older than plaintiff-employee. In that situation, the plaintiff must establish a prima facie case through direct evidence of age discrimination.

Gloria Garcia (age 48) was terminated

If you are are regular reader of this blog, you know that by November 14, 2011, most private employers (union and non-union) have to post notice of employees’ federal labor rights to form and join a union.  Some of you may have even already posted the NLRB-sanctioned poster.  

However, several lawsuits have been filed