In Jackson v. Cal-Western Packaging Corp., the Fifth Circuit Court of Appeals upheld the lower court's grant of summary judgment on the plaintiff's age discrimination claim. In addition to the fact that the plaintiff was replaced by a younger employee, the plaintiff argued that age played a role in his termination because of a comment made by his supervisor a year prior when he referred to the plaintiff as an "old, gray-haired fart." The Court held that this isolated comment, made a year prior to the supervisor's decision to terminate the plaintiff, was not proximate enough in time to the termination to prove that age was a motivating factor. A copy of the decision can be read here.
If you would like guidance or counsel in defending a claim of age discrimination or other discrimination claims, please contact Eric Gunderson and/or visit the Farrell & Gunderson website.
If you would like guidance or counsel in defending a claim of age discrimination or other discrimination claims, please contact Eric Gunderson and/or visit the Farrell & Gunderson website.
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