“Plaintiff’s immediate supervisor also acknowledged that Plaintiff had never received a written reprimand due to work related issues. Indeed, Barajas’s deposition was taken, but he could not identify specific incidents where Huske was unprofessional. About the only seed he could throw was that Huske was rude, but he could not identify any instance where she
Lack of an additional supposed reason for separation on termination notice is evidence of pretext.
“The company document notes that Huske’s termination was involuntary and attributed to a permanent layoff. There is absolutely no other reason given for her termination on the form. In box 21, Tyson could have stated that she just couldn’t operate in the gray area, she didn’t smile enough, she was just too blunt, or she
In ADEA cases, plaintiff’s replacement does not have to be under the age of forty.
“Because the ADEA prohibits discrimination on the basis of age and not class membership, the fact that a replacement is substantially younger than the plaintiff is a far more reliable indicator of age discrimination than is the fact that the plaintiff was replaced by someone outside the protected class.”
Huske v. Tyson Foods, Inc.,
In a 1983 case, there does not have to be an official report to city board to evidence knowledge and custom.
“Police Commissioner Ford learned of an allegation of sexual harassment by officer Kingdom and admittedly did not report the incident to the board, … Kingdom was fairly notorious. Mayor Willis stated that he learned of some of Kingdom’s actions through ‘street-talk….” Kingdom’s continued work as a police officer provided an outlet to harass various women.