Need pdf viewer for iPad?
Visit iTunes for:
iAnnotate PDF

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.

-------------------------

Biolchini v. General Elec. Co., 167 F.3d 1151 (7th Cir. February 5, 1999)

Keywords: ADEA (demotion)

Introduction: Gerald Biolchini sued GE under the ADEA after he was demoted. The district court granted summary judgment on behalf of GE. The Seventh Circuit affirms.

Facts: Biolchini worked at the GE's Parts Service Center (PSC) which was managed by William Doyle. In 1991, Doyle assigned Biolchini lead responsibilities with regard to the repair area and facility maintenance. In 1993, Human Resources received complaints from employees about Dolye's management style. Several also complained about Biolchini -- including complaints about his technical inadequacy for his job. Around this same time, a female employee complained that Biolchini had sexually harassed her. All complaints were investigated, and as a result, Biolchini lost his lead responsibilities to an employee 5-10 years younger. When that employee could not perform adequately, he was replaced by John Wade. Wade was 15 years younger than Biolchini -- and Wade had initially been assigned the task of improving Biolchini's technical skills. Throughout this time, Biolchini maintained his job title and same rate of pay.

Law:

1. To establish a prima facie case, Biolchini had the burden of proving that: (1) he was in the protected age group; (2) he was performing according to his employer's legitimate expectations; (3) he suffered an adverse employment action; and (4) similarly situated substantially younger employees were treated more favorably.
2. The Court holds that Biolchini failed to establish the second prong of the test.
3. In addition, Biolchini failed to establish the fourth prong. He argued that he and Wade were similarly situated and that Wade was treated more favorably -- but the Court holds that they were not similarly situated.
4. Even if Biolchini had established a prima facie case, he failed to show that the reasons for the demotion (inadequate job performance and engagement in sexual harassment) were pretexts.
5. Therefore, the Seventh Circuit affirms.
6. Click here to see actual case.