Issues Of Fact On Older Employee's ADEA Retaliation Claim
An Ohio federal district court denied an employer's
motion for summary judgment on a terminated employee's retaliation claim under
the Age Discrimination in Employment Act (ADEA), holding that: (1) The employee
established a prima facie case of retaliation through evidence he was terminated
less than one month after he complained to the plant manager about age
discrimination and that his supervisor's demeanor toward him changed after the
plant manager conveyed the employee's concerns to the supervisor and questioned
the supervisor about what he said to the employee; (2) The employer's proffered
reason for the employee's termination, negative comments of the employee's
coworkers, was legitimate and nonretaliatory; and (3) A genuine issue of
material fact existed as to whether that reason was a pretext for retaliation.
Spengler v. Worthington Cylinders