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Garland's Digest on Employment Discrimination Law
online since 1997
 

 


 


Disclaimer: The case on which this summary is based may no longer be current law. Also, if the case was decided on summary judgment, the court recited the "facts" in the light most favorable to the non-movant, which may not be the true facts.

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In this age discrimination case, plaintiff's co-worker (who was also the CEO's son) was the actual decisionmaker in plaintiff's termination. 

Russell v. McKinney Hosp. Venture, 235 F.3d 219 (5th Cir. December 6, 2000) - In this ADEA action alleging wrongful termination, Russell presented sufficient evidence to support the jury verdict in her favor. Her termination occurred after the CEO's twenty-eight year-old son (who was a co-worker) gave Russell's supervisor an ultimatum that either Russell be terminated or he would quit. Even though Russell had recently received a favorable evaluation, she was terminated based on a need for a "change in management style." The Court found evidence of discriminatory animus on the part of the CEO's son (he repeatedly referred to Russell as "old bitch") and the Court found that the CEO's son was the de facto decisionmaker even though he was only a co-worker. However, the Court also found insufficient evidence of a reckless disregard of the requirements of the ADEA. Therefore, the award of liquidated damages is reversed. Click here to see actual case.

 

 



 

 


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