This manager, according to the employee, also asked about whether he was having trouble hearing and about his health in general. In addition, there was evidence that another, younger employee had poor performance, but she was not demoted. The California Court of Appeals held that even if the employer's actions were unfair, they were not illegal age discrimination. This decision is in line with the U. S. Supreme Court's decision in Hicks v. St. Mary's Honor Center. For case excerpts, go here .
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