Takeaway: Employers should train supervisors as to what constitutes age discrimination and related retaliation to help ensure a workplace free from unlawful discrimination.
The 5th U.S. Circuit Court of Appeals recently reversed summary judgment for a plaintiff's age discrimination and retaliation claims arising out of her termination, as well as her retaliation claim arising out of a withdrawal of a job offer. The court dismissed all other claims and remanded the case for further proceedings.
The plaintiff was hired in April 2018 as a carrier assistant at the U.S. Postal Service's (USPS) North Central Carrier Station in New Orleans. She was fired before her probationary period ended. She initiated an informal equal employment opportunity (EEO) complaint regarding her termination, alleging the firing was related to her age, marital status and disability. She also alleged a hostile work environment.
In November 2018, the complaint was resolved, and the plaintiff was reinstated. In January 2019, the plaintiff initiated another informal EEO complaint, alleging age discrimination and retaliation for her prior EEO action. While working at Central Station, the plaintiff interviewed twice for USPS positions in Metairie, La., and once in Marrero, La.
The USPS again fired the plaintiff, alleging poor performance. In March 2019, she filed a formal EEO complaint, alleging that her second termination was based on her age, as well as retaliation for her earlier EEO activity. She...
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