Is A Single Age-Related Remark Enough By Itself To Prove A Worker Was Fired Because Of Age?

Having decades of experience representing age discrimination victims, our age discrimination lawyers in Citrus County, Florida know that employers have used employer-friendly courts to create a substantial body of case law that minimizes the evidentiary value of age-related discriminatory remarks. In order for an age-related discriminatory remark to constitute relevant evidence that the challenged employment decision was taken because of an employee’s age, employers contend that the age-related discriminatory remark must be made by an employee involved in the challenged employment decision, must have been made very close in time to the challenged employment decision, and must directly relate to the challenged employment decision. If these myopic and restrictive evidentiary requirements are not satisfied, employers maintain that an age-related discriminatory remark is irrelevant to proving that the challenged employment decision was taken because of the employee’s age.

Not content with demanding the satisfaction of such myopic and restrictive evidentiary factors in order for an age-related discriminatory remark to constitute relevant evidence in age discrimination cases, some employers go even further and assert that a single age-related discriminatory remark is not enough by itself to show that the challenged employment decision was taken because of an employee’s age. In this article, our age discrimination lawyers in Citrus County, Florida explain how the decision in Barnes v. Foot Locker Retail, Inc., 467 F.Supp.2d 1210 (D. Kan. 2007) shows that a single age-related discriminatory remark by itself is sufficient to establish that the challenged employment decision was taken because of an employee’s age.

Age Discrimination Lawsuit

In that case, a man named Barnes brought an age discrimination claim against his former employer, Foot Locker Retail, Inc. (“Foot Locker”), under the Age Discrimination in Employment Act (“ADEA”). The ADEA makes it an unlawful employment practice for employers to discriminate against employees because of their age. Barnes claims that Foot Locker terminated his employment because of his age in violation of the ADEA.

Barnes was employed by Foot Locker as the store manager of a Champs store. From October 2004 to June 2005, Barnes reported to a district manager named Kourtney. Following Kourtney’s transfer, Barnes reported to a district manager named Zenor. From November 2004 to September 9, 2005, Kourtney and Zenor performed a total of eight evaluations of Barnes’ performance, and each evaluation included multiple substandard ratings. The evaluations were based on a mix of subjective and objective criteria.

On September 13, 2005, based on the September 9 evaluation, Zenor gave Barnes a written “Final Warning,” which noted various performance issues and threatened future termination. Zenor had a meeting with Barnes to discuss the Final Warning at the time it was issued. Barnes testified that Zenor wanted Barnes to consider managing a different store, and that Zenor stated that “they wanted someone younger and more aggressive” the store.

On September 27, 2005, Zenor again performed an evaluation in which Barnes received substandard ratings. After discussing the matter and obtaining authority form his superiors, Zenor terminated Barnes’ employment. At the time of the termination, Barnes was 42 years old, and Zenor was 26 years old. A 23-year old man replaced Barnes as store manager.

Evidence Of Age Discrimination

Foot Locker filed a motion with the trial court seeking dismissal of Barnes’ age discrimination claim. In moving for dismissal, Foot Locker argued that “a single-age related comment should not be enough by itself” to prove that Barnes was fired because of his age. The trial court denied Foot Locker’s motion for dismissal and ruled that Barnes had presented sufficient evidence to establish that he was fired because of his age to proceed to a jury trial.

In denying Foot Locker’s motion for dismissal, the trial court expressly rejected Foot Locker’s argument that “a single age-related comment should not be enough by itself” to prove that Barnes was fired because of his age. In rejecting Foot Locker’s argument, the trial court concluded that the alleged “age-related comment made by Zenor at the time of [Barnes’] Final Warning is sufficient in itself” for a jury to find that the preferred reason for Barnes’ termination was a pretext for age discrimination and that Barnes’ age was the real reason for his termination. In support of its conclusion, the trial court explained that Barnes “testified that Zenor, in the context of giving [Barnes] his Final Warning that ultimately resulted in his termination, stated that ‘they wanted someone younger and more aggressive’ at the store.” “This statement of preference for a younger store manager at [Barnes’] store, made directly to [Barnes] within the context of events that lead directly to [Barnes’] termination,” the trial court reasoned, “bears the necessary nexus to the challenged employment decision.”

Free Consultation For Discrimination Victims

One of the most important decisions age discrimination victims must make is which age discrimination attorneys to consult with regarding their rights and remedies under employment discrimination law. As part of our commitment to fighting for the rights of age discrimination victims, an experienced age discrimination attorney will speak with you personally and you will receive the individualized attention your case deserves. We offer free confidential case evaluations for employees, and you will not have to pay to speak with our age discrimination attorneys regarding your rights. We are available for consultation at your convenience, including scheduling telephone consultations for evenings and weekends.

Citrus County Age Discrimination Lawyers

Based in Ocala, Florida and representing workers throughout Florida, our age discrimination attorneys in Citrus County, Florida have dedicated their practice to fighting for the rights of age discrimination victims. If you experienced age discrimination in the workplace or have questions about your rights as an age discrimination victim, please contact our office for a free consultation with our age discrimination lawyers in Citrus County, Florida. Our employee rights law firm takes age discrimination cases on a contingency fee basis. This means that there are no attorney’s fees incurred unless there is a recovery and our attorney’s fees come solely from the monetary award that you recover.