Employers can’t discriminate against workers who are female and 40 or older because federal law outlaws bias based on “sex plus age,” the U.S. Court of Appeals for the Tenth Circuit ruled Tuesday.
Reviving a lawsuit against casino operator Affinity Gaming Black Hawk LLC, the Denver-based federal appeals court became the first circuit to hold that workers are protected from intersectional job bias based on sex and age. That’s irrespective of whether discrimination can be shown against the subclass as a whole because the U.S. Supreme Court just held in Bostock v. Clayton County that the focus of Title VII ...