Texas Parks & Wildlife Department v. Dearing

OPINION

BOB PEMBERTON, Justice.

This is an interlocutory appeal from the re-certification of a class action following this Court’s reversal and remand of the original certification order. See Tex. Civ. Prac. & Rem.Code Ann. § 51.014(a)(3) (West 1997 & Supp.2006). Appellees Mil-burn Dearing, Kenneth Head, and Mike Warren, individually and on behalf of others similarly situated (collectively, Dear-ing), sued their employer, the Texas Parks & Wildlife Department, alleging a disparate-impact theory of age discrimination under chapter 21 of the Texas Labor Code in regard to the Department’s…