Lafayette County jurors decided against a state highway department supervisor who alleged his superior created a hostile work environment based on his age.
“He complained immediately after she was assigned to be his supervisor that she found fault with his work compared to younger employees, that she wouldn’t approve his leave time,” said Brandon Mizner of Ensz & Jester, who represented the Missouri Highways and Transportation Commission.
Tim Koch, who was 51 at the time of the suit, requested time off for a dental appointment in 2020, which his female supervisor allegedly ignored before ultimately telling him that he should have brushed his teeth more often. He also requested time off for secondary employment, which his petition said had never been a problem under previous supervisors. But this was also denied along with a vacation request.
His complaints of discriminatory treatment on the basis of sex and age were denied by the MHTC after an investigation.
Mizner said that, during the course of the probe, an open position became available in Sedalia and the plaintiff took that job.
The court granted partial summary judgment for the defense on the sex discrimination claim, and the plaintiff withdrew his claims for age discrimination and retaliation. The charge of a hostile work environment due to age was the only one submitted to the jury.
“I think they decided fairly quickly that it wasn’t based upon age,” Mizner said of the jury, “that [Koch and his supervisor] had...
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