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June 23, 2008

Age Discrimination Verdict Upheld by Kentucky Supreme Court

    A jury verdict finding age discrimination and awarding damages was upheld by the Kentucky Supreme Court in Childers Oil Company, Inc. v. Adkins (No. 2007-SC-000032 and available at the Kentucky Court of Justice website here). 
    Adkins was hired as a cashier and later moved to a kitchen position when food operations were started.  The kitchen was later shut down and Adkins fired, although she requested that she be returned to her cashier's job.  She, who was age 47, presented evidence that a much younger cashier had been hired only 11 days before she was fired, that management had commented that it wanted "young, pretty, and skinny" girls working as cashiers so as to attract truckdriver business.  There was also evidence that the store posted a "Now Hiring" sign in its window after Adkins was fired.   Adkins was awarded by the jury $50,000 for emotional distress damages and  $11,922 for lost wages. 

Robert L. Abell
www.robertabelllaw.com

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