Employee's Discussion With Manager Was Not Protected Activity Under ADEA’s Anti-Retaliation Provision

Affirming the district court’s dismissal of an employee’s Age Discrimination In Employment Act (“ADEA”) anti-retaliation suit, the 6th Circuit held that the plaintiff employee's discussion with defendant’s store manager was not protected activity under the anti-retaliation provision of the ADEA because the employee’s statements did not amount to opposition to an unlawful employment practice by the employer. The employee mentioned that upper management was "out to get him," that they prevented him from becoming a pre-sell representative, that he was suing the employer and that the lawsuit would get the employer's attention.

Fox v. Eagle Distributing Co., Inc.

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The 6th Circuit Court of Appeals’ jurisdiction includes Michigan, Ohio, Kentucky and Tennessee.