The US has seen some big age discrimination cases this year. We've covered below some of the most interesting ones we've seen.
Seen any more interesting cases? Let us know in the comments.
TJ Simers v The Los Angeles Times
TJ Simers is an award winning sports journalist who worked for the LA times (owned at the time by Tribune Publishing). He brought a claim of age discrimination in 2013 after his column was reduced from thrice a week to twice a year, before ultimately being eliminated. His columns were being scrutinised in a way they had never been before.
A jury awarded TJ Simers $7.1m in 2015, but both sides appealed. TJ Simers thought his claim was worth more and in August 2019, he was proved right.
A new jury this year awarded TJ Simers $15.4m for personal and emotional suffering. If Tribune Publishing appeal again and lose, the claim could be worth a whopping $22m by the time interest is factored in.
“It is incredibly gratifying for Simers and those in similar situations to see the court vindicated his claims of age and disability discrimination.”
Fields v Board of Education of the City of Chicago
In this Seventh Circuit decision, the court highlighted the importance of well-documented improvement plans and evaluations as a defence to discrimination claims.
A new Principal set tough new targets for teachers. Mrs Fields was marked as “developing”, failed to turn in lesson plans, and was subject to performance improvement. She retired in 2016 at the age of 63 but then brought a claim of age discrimination.
The Court rejected Mrs Fields’s claim. It held that could not show she suffered an adverse employment action. She was unable to show that anything other than job performance was behind the School’s actions.
The judgment is available here.
Babb v Wilkie
The issue in this case is whether the 1967 Age Discrimination in Employment Act — which protects employees 40 and older from age discrimination — requires a “but-for” cause, meaning proof that the action would not have happened if age were not a factor. There is no judgment on this case yet, but could potentially have a big impact on federal age discrimination law when decided.
Various people v various broadcasters
This year has seen a number of cases involving high profile anchors suing broadcasters.
Five anchorwomen brought claims against local station NY1 alleging “systemic” age discrimination. Just a few months later, two more anchorwomen brought similar claims.
Former WTSP-Ch. 10 anchor Reginald Roundtree accused the station and its parent company of firing him in retaliation for raising an age discrimination complaint. He complained to the regulator, the EEOC. However, after no action was taken, Reg Roundtree launched legal proceedings in October.
A settlement was reached between Tennesse local station Channel 4 and former employees Dennis Ferrier, Jennifer Johnson and Nancy Van Camp.
Norman v Call-A-Nurse LLC
Can “vague comments” establish an age discrimination case? No, said the 4th Circuit Court of Appeals in Norman v Call-A-Nurse LLC.
In this case, an executive director alleged that she was fired because of her age. She argued that comments including "this isn't the way we do this anymore" and "times have changed; now things no longer work that way" were evidence of age discrimination. Whilst offensive and derogatory comments about a person’s age can substantiate a case, “simple teasing” or “offhand” comments cannot.
The court ruled that the comments faced by Ms Norman were “similar to […] vague remarks about generational change“ that are insufficient to establish a claim. Accordingly, it dismissed the case.
The judgment is available here.
Downey, Bonner v Adloox, Inc.
Was it age discrimination to refer to someone as an “old timer”? No, according to the 2nd Circuit US Court of Appeals.
In this case, one of the plaintiffs said that the CEO had referred to him as an “old timer” on two occasions. Both times were outside of the workplace and it was acknowledged to be a joke. Work matters were not being discussed. Other evidence from the CFO that the company was seeking “young sharks” was not relevant as it did not relate to the plaintiffs’ dismissal.
The judgment is available here.
Comment about stray comments in the UK
Employment Tribunals in the UK might take a different view of comments of the sort at issue in Downey, Bonner (and Norman). These comments might be enough to shift the burden of proof, meaning that it is for the employer to prove that there was no age discrimination.
Von Kaenel v Armstrong Teasdale LLP
A law firm’s partnership agreement required equity partners to retire upon reaching 70 years of age. A partner was forced to retire in accordance with these terms but brought a claim alleging age discrimination. He claimed that the forced retirement policy breached federal age discrimination laws.
The 8th circuit found that the partner was exactly that - a partner. Because he was not an employee of the firm, the retirement policy did not violate the Age Discrimination in Employment Act. Mr Von Kaenal’s claim was dismissed.
The judgment is available here.
Comment about retirement in the UK
The Equality Act 2010 is wider in scope than just employees. It covers:
employees
people engaged on some other sort of contract (for example agency workers or self employed freelancers)
people who apply for work
office holders (such as company directors)
partners
people undertaking or applying for work-related training (for example apprentices or interns)
If Mr Von Kaenal’s claim were being heard in the UK, he would not have failed at the first hurdle as he did in this case.
An Employment Tribunal has found that the University of Oxford’s policy of mandatory retirement at 68 years old could not be justified.