Lawyer’s Age Discrimination Case Dismissal Upheld

July 12, 2010 ( – A federal appellate court has turned away arguments by a 68-year-old lawyer that a Houston software company discriminated against him because of his age. 

A Texas Lawyer news account said the 5th U.S. Circuit Court of Appeals ruled that plaintiff Michael Moss did not prove his allegation that he was better qualified than a younger lawyer eventually hired as staff counsel at BMC Software.  That legal showing would have been necessary to bolster arguments by Moss that reasons BMC gave him for not accepting his application were merely a pretext for discriminating against him. 

The appellate panel upheld a ruling by a federal judge in Houston throwing out the Moss suit at BMC’s request.  

Mark Temple of Houston, BMC’s attorney, told the Texas Lawyer, “BMC believes that the case had absolutely no merit. The company defended itself, and we are pleased with the results from both courts.” 

Nasim Ahmad, Moss’ attorney, disagrees with the 5th Circuit’s decision. “I think Moss did present enough evidence that he was clearly better qualified.” Ahmad said.