Jottings By An Employer's Lawyer

Saturday, August 13, 2005

Statements in SS Disability Claim - Bars Age Claim Under TCHRA

The 5th Circuit applies the Supreme Court's decision in Cleveland v. Policy Management Systems Corp., 526 U.S. 795 (1999), to affirm the reversal of a jury verdict in an age discrimination claim. Both the trial court and the 5th Circuit considered the plaintiff's statements to be a "disavowal" of his claim of disability that he made to the Social Security Administration in his claim for benefits, not an "explanation." The difference - in this case - the difference between winning and losing. McLaren v. Morrison Management Specialists, Inc. (5th Cir. 8/8/05) [pdf].

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