The Sixth Circuit has reversed a summary judgment granted an employer in an age discrimination case based on direct evidence of discrimination, statements by a plant manager to the plaintiff: "you're kind of getting up there in years, you're at retirement age" in Lowe v. Walbro LLC.
The plaintiff, Robert Lowe, began working at Walbro, a maker of engine management and fuel systems for outdoor power, recreational and similar equipment, when he was 18 years old, and continued for 41+ more years before he was fired. Lowe's problems started when a 35 year old manager, Tom Davidson, was hired as the plant manager in 2016. Over the course of the next two years, according to Lowe, Davidson made some dozen or so ageist statements to him such as "Old man, you been here longer than I am old. Aren't you ready to retire?" and saying that Lowe was "losing a step."
Walbro came up with some explanations for firing Lowe. Lowe was summoned to a firing meeting with Davidson and the human resources manager, Debbie Rard, told me was being fired after 41+ years and this discussion, according to Lowe, ensued:
I did ask [Davidson] about why -- why was I terminated? Was it my job? Was I not doing the job? ... And he just -- basically he didn't answer me. He just said, well, you're kind of getting up there in years, you're at retirement age, you go one way and the company's going the other.
This statement, the Sixth Circuit held, was direct evidence of age discrimination and required reversal of the summary judgment granted by the district court, Judge Thomas Ludington of the Eastern District of Michigan.
The Sixth Circuit opinion was authored by Judge Ronald Gilman and joined by Judge John Bush and Judge Chad Readler.
Robert L. Abell
www.RobertAbellLaw.com
