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National Bank Act Does Not Preempt Age Bias Claim

The Ninth U.S. Court of Appeals ruled December 23 that the National Bank Act does not preempt a fired bank manager's age discrimination claim under...
January 4, 2006

The Ninth U.S. Court of Appeals ruled December 23 that the National Bank Act does not preempt a fired bank manager's age discrimination claim under a state law in Washington. Reversing a lower court's grant of summary judgment to U.S. Bank Corp., the appeals court held that a provision of the National Bank Act, first enacted in 1864, allowing national banks to dismiss any officer "at pleasure" is limited by federal anti-discrimination laws enacted later.