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T he Massachusetts Appeals Court has ruled state agencies aren’t exempt from age discrimination lawsuits, even when the discrimination is the result of a policy that doesn’t explicitly target older workers.
The case involved a Department of Revenue tax examiner who was laid off when he was 53.
The worker, Richard Porio, argued that he was discriminated against because of his age. Porio pointed out that the department kept other tax examiners with less seniority.
The Department of Revenue argued that when lawmakers amended the state’s anti-discrimination laws in 1984 they effectively protected state agencies from age discrimination lawsuits.
The three-justice Appeals Court sided with Porio, ruling the 1984 changes did not exempt the state.
Porio’s lawyer called the ruling a victory for workers at a time when employers have been cutting work forces.
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