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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.
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