Fifth Circuit Recognizes “Hostile Work Environment” Claim Under the ADEA

In a matter of first impression, the Fifth Circuit Court of Appeals reversed summary judgment in favor of the employer and permitted the employee to proceed with his harassment claims under the Age Discrimination in Employment Act. 

The 65-year old car salesman filed suit against his former employer alleging that he was subject to persistent harassment from his supervisor in the form of comments about his age and religious beliefs. He ultimately quit his job and filed a claim for hostile work environment. The employer prevailed on its summary judgment motion at the district court level, but upon review, the Court of Appeals reversed. Though the Sixth Circuit Court of Appeals has previously applied Title VII to a hostile work environment claim under the ADEA, the Fifth Circuit has not. Here, the Court outlined the elements to maintain such a claim: 

We now hold that a plaintiff’s hostile work environment claim based on age discrimination under the ADEA may be advanced in this court. A plaintiff advances such a claim by establishing that (1) he was over the age of 40; (2) the employee was subjected to harassment, either through words or actions, based on age; (3) the nature of the harassment was such that it created an objectively intimidating, hostile, or offensive work environment; and (4) there exists some basis for liability on the part of the employer. Id. at 834–35.

In this particular instance, the Court found that the employee established that genuine issues of material fact existed, and remanded the case back to the district court for further proceedings.