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(Reuters) - An employee who was told she might be laid off can sue for discrimination even if the layoff did not ultimately happen, a federal appeals court ruled Friday, in an age and disability discrimination lawsuit brought by a former AT&T Inc employee.
Nonetheless, the 3rd U.S. Circuit Court of Appeals ruled against plaintiff Kathleen Fowler, who found a new job within AT&T when her position was eliminated in 2016 but was eventually laid off months later. Circuit Judge Thomas Ambro, writing on behalf of a unanimous panel, said the company had shown non-discriminatory reasons for its actions.
Fowler's attorney and AT&T did not immediately respond to requests for comment.
Fowler began working for AT&T in 1986, according to her 2018 lawsuit, which was filed in U.S. District Court in New Jersey, where she lived. In 2006, she was diagnosed with epilepsy, which she said caused cognitive impairment, and in 2015 she began treatment for breast cancer.
In January 2016, AT&T placed Fowler, then a market research analyst, on "surplus status," meaning that her position was being eliminated and she had 60 days to find a new job at the company, according to her lawsuit. She found a new job as a...
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