Employee Failed To Produce Necessary Evidence That Age Was A Factor In RIF
Harold D. Ward sued his former employer, International Paper Co., for age discrimination involving a reduction-in-force (RIF). The district court granted summary judgment to International Paper. On appeal, the 8th Circuit affirmed.
In an age-discrimination case involving a RIF, a plaintiff makes out a prima facie case by establishing: (1) he is over 40 years old; (2) he met the applicable job qualifications; (3) he suffered an adverse employment action; and (4) there is some additional evidence that age was a factor in the employer’s action.
In this case, the 8th Circuit held that: (1) Ward failed to establish the 4th element of his prima facie case by producing additional evidence that age was a factor in his termination; and (2) the fact that a younger coworker was performing some of Ward's job duties did not provide the necessary additional evidence.
Ward v. International Paper
The 8th Circuit Court of Appeals’ jurisdiction includes North Dakota, South Dakota, Minnesota, Nebraska, Iowa, Missouri and Arkansas.