Employer’s Statement That He “Didn't Want To Hire An Old Pilot” Was Direct Evidence Of Age Discrimination

John Van Voorhis, a pilot over 50 years old, brought suit against the Hillsborough County Board of County Commissioners, alleging discrimination in violation of the Age Discrimination in Employment Act (ADEA). Van Voorhis contended that Hillsborough County discriminated against him because of his age when it rejected his application for employment as a helicopter pilot.

Van Voorhis presented evidence that the decision-maker for Hillsborough County rejected Van Voorhis's application because the decision-maker, in his own words, “didn't want to hire an old pilot.” Holding that Van Voorhis presented direct evidence of discrimination on the basis of age and evidence of an adverse employment action, the 11^th Circuit reversed the trial court’s grant of summary judgment against Van Voorhis.

Van Voorhis v. Hillsborough County

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The 11th Circuit Court of Appeals’ jurisdiction includes Alabama, Georgia and Florida.