Friday, October 12, 2012

Age Discrimination Summary Judgment Overturned

In Acevedo-Parrilla v. Novartis Ex-Lax, Inc. Docket 10-2276, October 10, 2012, the 1st Circuit Court of Appeals overturned the district court’s grant of summary judgment in an age discrimination in violation of the Age Discrimination in Employment Act claim. On appeal the Appeals court noted that inconsistencies between the Company’s stated reasons for dismissal and the Plaintiff’s performance record together with that fact that the company took no disciplinary action against the Plaintiff’s younger replacement for similar conduct was sufficient to show pretext. The Court held that there was sufficient evidence presented on summary judgment from which a jury could draw the permissible inference that the Company’s claimed reasons for terminating the Plaintiff were pretextual and that the decision was a result of discriminatory animus.
Ryan Paulus
Paulus Law Firm


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