On August 8, 2003, employees of Capital One filed a lawsuit against their employer in the United States District Court for the Eastern District of Virginia. The plaintiffs alleged age discrimination in violation of the Age Discrimination in Employment Act of 1967 ("ADEA"), 29 U. S.C. § 621. Specifically, the plaintiffs contended that Capital One had consciously attempted to maintain a younger workforce by terminating employees over the age of 40, and that Capital One's actions constituted disparate treatment and disparate impact, and violated the Older Workers Benefit Protection Act (OWBPA), an amended by the ADEA.

On April 20, 2004, the court (Judge Robert E. Payne) granted in part and denied in part the defendant's motion to dismiss. The court dismissed the plaintiff's retaliation claims, but did not dismiss the plaintiff's claims of disparate treatment, disparate impact, and violations of the OWBPA. Krane v. Capital One, 314 F. Supp. 2d 589 (E.D. Va. 2004). According to the PACER docket, this case was dismissed with prejudice and closed on July 16, 2004, before reaching the class certification stage. No further information is available.

Andrew Kline - 05/03/2008


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