Fifth Circuit: Plaintiff’s Age-Based Discrimination Claim Will Not Move Forward

Dallas, USA, 12/19/2012 / SubmitMyPR /

The Fifth Circuit Court of Appeals recently analyzed age-based discrimination. Reed v. Neopost, USA, Inc., No. 12-10104 (5th Cir. Nov. 13, 2012), available at http://www.ca5.uscourts.gov/opinions/pub/12/12-10104-CV0.wpd.pdf.

The plaintiff appealed the district court’s grant of summary judgment on his age discrimination claim under the Texas Commission on Human Rights Act. The plaintiff argued that the district court used the wrong causation standard in analyzing his termination-based age discrimination claim. The Court noted that the analysis under the TCHRA differs from the analysis under the federal Age Discrimination in Employment Act. The ADEA requires age to be the “but for” reason for the termination whereas the TCHRA requires age to be a “motivating factor” for the termination. The Court found that summary judgment was appropriate because the evidence was insufficient under either standard to create a genuine issue of material fact.

The Court also affirmed summary judgment on the plaintiff’s hostile work environment claim. Although the plaintiff alleged that coworkers made age-based comments to him (for example, “old man,” “pops,” and “grandpa”), he presented no genuine issue of material fact that he worked in a hostile work environment.

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