An employee fired less than three weeks after expressing concerns about age discrimination sued for retaliation and the jury verdict in his favor was upheld by the Sixth Circuit in Spengler v. Worthington Cylinders, No 08-3110 (July 27, 2010). The case and the court's decision offer typical examples of the type of unfounded explanations often offered up by employers to try and hide their wrongful conduct.
Jon Spengler was 53 when he began working for Worthington Cylinders as a seasonal employee. He performed well and, as a result, was on track to be hired as a permanent, full-time employee. After he was turned down for permanent employment in the company's cylinder division, his supervisor, Huggins, said he "would probably have trouble keeping up with younger guys" in that department. Huggins also said he would recommend Spengler for permanent employment in the company's steel division. However, Spengler expressed to a Hoffman, the plant manager, his concerns about age discrimination arising from Huggins's comment about his ability to keep up with the younger guys. And from there things took a turn for the worse. Huggins began pointedly ignoring Spengler and Spengler was fired less than three weeks later. He filed suit and a jury ruled that his firing was in retaliation for his having complained of age discrimination.
The Sixth Circuit ruled that the jury reasonably found a causative link between Spengler's complaint of age discrimination and his firing based on the following:
- temporal proximity: less than 3 weeks passed between Spengler expressing his concerns of age discrimination and his firing
- contrary to the company's assertion that all seasonal employees were terminated after 12 months if not higher on a permanent, full-time basis, there was evidence that this policy was selectively enforced in numerous seasonal employees work longer than 12 months
- the attitude and demeanor of Spengler's supervisor, Huggins, changed markedly after Spengler complained of age discrimination
- Huggins made no attempt to address or dispel Spengler's concerns about age discrimination
- Huggins did not follow through and recommend Spengler for the steel division.
Robert L. Abell
www.RobertAbellLaw.com
