TOV.WrongfulTermination&Discrimination

Sixth Circuit dismisses age discrimination claim brought by air traffic controller

In the case entitled Yeschick v. Mineta, the Sixth Circuit Court of Appeals upheld the dismissal of Mr. Yeschick's age discrimination claim.  Yeschick was a member of the air traffic controllers union when President Reagan fired them for conducting an unauthorized strike.  Reagan also prohibited the union members from applying for re-employment.  That ban was overturned by President Clinton ten years later and Mr. Yeschick applied for re-employment.  When he was passed over by the FAA, he filed an EEOC claim and then a lawsuit.

Woman's age discrimination claim against Mid-Michigan Health is summarily dismissed

Sandra Hermann was the vice president of corporate planning for Mid-Michigan Health. The Court held that she hadn't presented enough evidence of discrimination to take her claim to the jury.  She relied on a supervisor's presentation outline that stressed an "aging workforce" and "the need to bring in younger employees..."  She also pointed to the supervisor's suggestion on the day she was terminated that she write a statement suggesting that she was "retiring to go home and play with her grandchildren." 

In terms of indirect evidence, she pointed to the fact that she was replaced by a younger employee, however, the Court ruled that there wasn't a complete coincidence of duties and title, suggesting that the Plaintiff's position was absorbed by three different employees. The Court held that in total the Plaintiff's proofs were not adequate to create a question of fact about a discriminatory animus motivating her employer.

Sixth Circuit upholds dismissal of age discrimination claim

Regina Provenzano sued LCI Holdings, Inc., (the Liz Claiborne Outlets) claiming that she was discriminated against because of her age (she was born in 1958).  She had worked for the company for more than a decade and she held a high school diploma and an Associates Degree in retailing. She sued after she was twice passed over for a promotion in favor of a younger person and after she was reduced to a part-time sales associate in a "company-wide restructuring."  She pointed to the fact that the later of the two promotions went to a woman who did not have a high school degree (listed in the job description as an apparently mandatory requirement) and to the contemporaneous move by the company to adopt a "younger look" aiming its fashions toward customers of a younger age.

Older man of Chinese ancestry cannot pursue discrimination claim against Department of Community Health

Jiqiang Xu sued the Michigan Department of Community Health and his supervisors, alleging that he was denied promotions because of his age and ethnicity.  He alleged that he was passed over for numerous promotions in favor of younger women who were less qualified.  He also argued that he was retaliated against for making complaints, pointing in particular to an absenteeism policy that required him to disclose the nature of any medical visits, including the time of arrival and departure at the health care provider's office, was an unreasonable invasion of privacy.

Ingham Regional Medical Center loses appeal over wrongful termination

Mary Ann Bull-Ehinger was a long-term, experienced social worker who served as the  mandatory dedicated social worker in the Oncology Ward.  She was twenty years older than her companions in the Department, and her annual reviews substantiated that she was perhaps the most valuable employee in the Department.  She received the  highest grades for teamwork and her performance ratings were exceptional.  She also had a history of valuable teaching and mentoring.

Nevertheless, when a new administrator, Dr. Michael Perry, took over the management of the hospital's social workers, he immediately eliminated her senior position and assigned her work outside the Oncology ward.  Although  Bull-Ehinger took these moves in stride, and even though the other social workers suggested that Bull-Ehinger's work load was now inappropriate, Perry apparently twisted a single incident into "cause" to terminate Bull-Ehinger's employment.  He justified the measure by  claiming a need for fewer social workers and more case managers, however, within months he replaced Bull-Ehinger with a transferred social worker.

Union worker cannot prove employer had ulterior motive in firing

Barbara Lundy sued Thyssen Krupp Steel, arguing that she was terminated from her employment as a result of age and gender disrimination.  Lundy had worked for Thyssen Krupp for ten years and had worked as a Line Inspector for seven years.  Thyssen Krupp supervisors built a record of progressive discipline directed at Lundy's alleged failure to adequately comply with Chrysler-imposed quality obligations.   Lundy filed union grievances, but lost them and did not appeal.  After termination, she filed suit and provided an affidavit from a former supervisor, raising factual claims of a vendetta against her by her current supervisor. 

Court dismisses discrimination claim without jury trial

Jayne Szukalowski was hired by Bay de Noc Community College as its director of safety training in 2001.  In  2004, she tendered her resignation, arguing that her new supervisor had rendered her position untenable  ("constructively discharged her") as a result of gender dicrimination and retaliation under the Civil Rights Act. The Court of Appeals concluded that she offered only circumstantial evidence of discrimination, and held that her evidence that similar-situated males were treated differently was inadequate. 

Employer can require certification; discharged nurse cannot prove a pretext

Jeanette Godfrey sued the Henry Ford Health Systems, claiming age and racial discrimination.  Godfre is an R.N. who worked in behavioral health for many years, prior to Medicare adopting regulations that required behavioral health specialists to be certified.  Godfrey never became certified, and eventually her supervisors required her to take an unpaid one year leave of absence:  if she obtained certification during that period she could assume her old duties.   Godfrey argued that within the Medicare regulatory scheme, she could perform her duties with supervision by a specialist, and that Henry Ford allowed new hires three years in which to secure certification.

injured employee loses appeal of retaliation and age discrimination claim

Robert Turnbell sued his employer, Severstal Steel North America, after he was terminated from his job as a production supervisor.  He supervised almost 30 employees daily, working 3 separate shifts, enforcing the employer's rules, regulations and safety conditions.  He was allegedly terminated after violating a "cardinal" safety rule by entering a confined hole to retrieve a ladle without obtaining prior safety approval.  Mr. Turnbull maintained that he was actually fired because he had previously filed two workers compensation claims and pointed to his supervisor's remark that he "had a target on his back" because of these claims.  He also pointed to another manager's disputation of the validity of his comp claims and  argued that he was treated disparately for a minor safety violation because of his age and the comp record.

Age discrimination claim is dismissed

Mona Cooper sued the Department of Corrections, alleging that the Department refused to hire her because of her age.  The Department offered other explanations for its hiring decision and Mona was unable to refute the proferred reasons.  Although she had created an inference of discrimination by showing that she had more directe experience, her interview rating was slightly lower than the candidates hired and her resume allegedly raised "concerns."  On that basis, the court refused to "second-guess" the soundness of the employer's business judgment."