David Prasifka and Lloyd VanOostenrijk successfully defended an age discrimination claim filed under both the ADEA and Texas Labor Laws.

Plaintiff worked for a manufacturing company for 11 years and claimed that he was denied a sales representative position because of his age and then was discharged 7 months later, once again claiming that the discharge was solely due to his age and that he was replaced by someone 26 years younger.  The EEOC issued a letter of determination finding that plaintiff was denied employment due to his age and subsequently discharged due to his age.  The EEOC then suggested damages of over $90,000.

At trial David and Lloyd successfully argued to the court that the findings of the EEOC should not come into evidence.  After 3 days of evidence the jury returned a defense verdict in less than one hour.