“After Lewis disagreed with Wood’s desire to Swafford, Wood repeatedly informed Lewis that he was violating federal law because Lewis was discriminating based on age and disability. Also the record indicates that Hojem did not make any assurance to Wood regarding retaliation until weeks later—after Wood had already decided to interview Thomas, who he had
Age discrimination
Two statements made by non-supervisor, proximate to the termination, are enough to create a genuine issue of material fact regarding direct evidence under Medina test.
By Gregory A. Placzek on
Posted in Age discrimination
“Here, [Employee] alleges two statements in particular as evidence of age discrimination. First, [employee] asserts that McKinley, during or immediately after [employee’s] termination, declared: ‘[G]o get a job as a Wal–Mart door greeter.’ Second, [employee] alleges that a fellow employee overheard McKinley say, on the day immediately following [employee’s] termination, ‘I’m the one that got…
Statement from decisonmaker’s direct supervisor that person should not be hired because of the person’s age and illness of that person’s spouse is direct evidence of age and disability discrimination.
By Colin W. Walsh on
Posted in Age discrimination, Disability discrimination
“[T]he remarks appear to meet the other requirements of direct evidence.”
E.E.O.C. v. DynMcDermott Petroleum Ops. Co., 537 Fed. Appx. 437, 444 (5th Cir. July 26, 2013) (Davis, Graves, and Higginson, JJ.).
Facts showing that discriminating manager was the decisionmaker’s direct supervisor, who was responsible for discipline of decision maker, performance reviews that determined the decisionmaker’s raise, and had power to change decisionmaker’s job duties allows that manager’s discriminatory animus to be imputed to the decisionmaker.
By Colin W. Walsh on
Posted in Age discrimination, Disability discrimination
“There is no dispute that Lewis was Wood’s direct supervisor and was responsible for Wood’s performance evaluations and implementation of disciplinary actions…. Woods pay and any raises were merit-based and dependent on performance reviews done by Lewis. There is additional evidence … that Lewis had refused to communicate with Wood and had removed some of…
The stray remarks doctrine can only be applied after the court determines that the plaintiff has failed to produce substantial evidence of pretext.
By Colin W. Walsh on
Posted in Age discrimination, Disability discrimination
“Here, the district court applied the stray remarks doctrine before determining whether the plaintiff had failed to produce substantial evidence of pretext and then refused to consider those remarks in determining pretext.”
E.E.O.C. v. DynMcDermott Petroleum Ops. Co., 537 Fed. Appx. 437, 443 (5th Cir. July 26, 2013) (Davis, Graves, and Higginson, JJ.).
Along with evidence of pretext, statements after termination that an employee would be fine because she was old enough to receive Social Security and was an old lady slow to make decisions constitutes evidence of age discrimination.
By JMANCHESTER on
Posted in Age discrimination
“[Employee] told Plaintiff that she would be okay financially because she was old enough to receive Social Security benefits … [and] that training Plaintiff was ‘not a priority’ and that she and [Employee] were ‘old ladies’ who were ‘slow to make decisions’ … [T]he statements are evidence that, combined with other evidence discussed above, raises…
Where three of six employees interviewed corroborate that something racially offensive was stated, this was sufficient evidence to create a summary judgment question.
By JCOHEN on
Posted in Age discrimination
“Plaintiffs presented evidence showing that at least three … out of the six employees present in the break room heard Koopman say something that could have been perceived as racially offensive… Viewing this evidence in the light most favorable to Plaintiffs, the Court finds that Plaintiffs have presented sufficient evidence to create a fact issue….”…
In ADEA cases, plaintiff’s replacement does not have to be under the age of forty.
By Gregory A. Placzek on
Posted in Age discrimination
“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.,…
A disputed account as to whether supervisor said employee was “too old” and supervisor was “not comfortable” with promoting employee because he was so much older can constitute direct evidence.
By JCOHEN on
Posted in Age discrimination
“Mr. Obasogie claims that, when he asked his supervisor, Frank Baldwin, why he had not been promoted, Mr. Baldwin told him that he was ‘too old’ and that he was ‘not comfortable’ as Mr. Obasogie’s manager because Mr. Obasogie was ‘too much older than him…. The Court believes that the comments could constitute direct evidence…
An employee may establish a prima facie cause of age discrimination by presenting evidence that her hours were gradually reduced while younger employees’ remained the same, she was discharged, and the younger employees were trained to move into her position.
By Nicole M. Conger on
Posted in Age discrimination
“Hall presented evidence that younger employees were trained to move into positions that assumed the duties of the food prep position—a position that Hall presented evidence was being phased out of RDSL’s corporate structure. Hall further presented evidence that unlike her younger counterparts, she was not trained for this new position. This evidence is the…