In a recent Daily Journal article, "9th Circuit rules that FEHA plaintiffs may establish a claim for age discrimination based on 'minimal' statistical evidence," special counsel Brian Franklin discusses the May 29th appellate ruling in Schechner v. KPIX-TV (9th Cir, 2012), 2012 U.S. App. which clarifies the use of statistical evidence in an age discrimination in employment claim.

Brian notes "the 9th Circuit's ruling not only sanctions the use of statistical evidence to establish intentional age discrimination, but in fact lowers the proof required to assert a prima facie claim." He further states that “While statistics alone may not permit a plaintiff to prevail, they certainly provide a basis for getting a claim into court…”

This article was originally published in the Daily Journal and subscription-based Daily Journal website at www.dailyjournal.com.