Summary of Class/Collective Actions in the 5th Circuit for the First Quarter 2009

Cutrer v. McMillan, 2009 U.S. App. LEXIS 1809 (5th Cir. Jan. 30, 2009)

A group of employees of the Mississippi Department of Rehabilitation Services (“MDRS”), each over the age of 40, brought a lawsuit against supervisory officials at MDRS claiming that they were discriminated against on the basis of their age by being passed over for certain promotions for less qualified and younger employees. Plaintiffs also asserted a claim under section 1983 alleging that defendants’ retaliatory conduct violated their rights under the First and Fourteenth Amendments.

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