11th Circuit Overrules Summary Judgment in ADEA Case Based On Vice-President’s Reputed Statement

January 2, 2013 by Ambrose V. McCall

The case of Kragor v. Takeda Pharmaceuticals America, Inc., No. 11-16052 (11th Cir. December 20, 2012) reminds employers how easily summary judgment can slip away in a discrimination case based on statements attributed to senior management. The court started its analysis with a quote from the mathematician, physicist, and philosopher Blaise Pascal. "Contradiction is not a sign of falsity, nor the lack of contradiction a sign of truth." Given that plaintiff appealed a summary judgment granted to the employer, such words signaled a reversal on appeal. More ›

Ninth Circuit Permits use of “Burden-Shifting” Test over “But For” Standard in ADEA Case

January 17, 2012 by Hinshaw & Culbertson LLP

An Army employee filed suit against the Secretary of the Army and the United States Army Corps of Engineers alleging violations of the Age Discrimination in Employment Act ("ADEA") after he was not interviewed and his applications for two promotions were denied. The lower court relied upon the newer Gross v. FBL Financial standard of determining causation in an ADEA case, and found that the employee could not demonstrate that “but for” his age, he would have been given the position(s). More ›

Hinshaw Attorneys Obtain Complete Defense Verdict in Seven-Week Jury Trial

December 1, 2011 by Hinshaw & Culbertson LLP

Plaintiff, an elementary school teacher, filed suit in Los Angeles Superior Court, Downtown Los Angeles, against her private school employer. The suit alleged age discrimination, wrongful termination and related claims. Plaintiff, a 37-year founding teacher, claimed her working hours and those of other older teachers were systematically reduced in a scheme to replace older teachers with younger ones. Plaintiff relied primarily on statistical evidence and testimony of other teachers. Defendant denied any plan or scheme, demonstrating that most of the teachers were in the protected age category and that this was consistent over time. Defendant further demonstrated that Plaintiff had workplace performance difficulties and that she was not a good fit for teaching younger grades. Plaintiff's total claimed damages were more than $3 million. The case was tried to a jury for over seven weeks. The jury returned a defense verdict for the school on all causes of action, providing the school with the right to recover its costs. Plaintiff recovered nothing. According to California's state enforcement agency, the Department of Fair Employment and Housing(DFEH), age discrimination charges make up roughly 19% of the charges filed, which is a substantial percentage. Some estimates for discrimination cases in Los Angeles Superior Court indicate Plaintiffs are successful at trial approximately 57% of the time with median verdicts in age cases approaching $1 million exclusive of attorneys' fees and costs. While long jury trials are rare for these types of claims, this case demonstrates that employers need not succumb to the demands of complainants.

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

September 13, 2011 by Hinshaw & Culbertson LLP

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.  More ›

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