In August of 2013, the United States District Court for the Eastern District of Kentucky heard a case involving a Kentucky Age Discrimination (Age Discrimination in Employment Act (ADEA)) wrongful termination. (See Bargo v. Goodwill Industries of Kentucky, Inc., 2013 WL 45544479 (E.D. Ky. 2013)). The Kentucky age discrimination plaintiff also had state la claims of intentional infliction of emotional distress, defamation and invasion of privacy. Id. The defendants made a motion to dismiss the state law claims. Plaintiffs’ Kentucky age discrimination attorney opposed it.
At the time of the lawsuit, the Kentucky age discrimination plaintiff was at least forty (4) years old. Id. She always received good performance evaluations. Id. Plaintiff was eventually terminated for poor performance and decreased sales. Id. Plaintiff claimed the reasons for her termination was merely a cover-up for age discrimination. Id.
The other plaintiff had a senior job and when a higher job was made available, she applied for it but did not get it. A younger person got the job. She was then demoted and reduced to a more manual job, which she could not do. Eventually she was terminated.
The first issue at hand was whether the plaintiff had plead a plausible age discrimination claim under the ADEA and KCRA. The court held that she had not. She
offers no factual allegations to show that she was terminated based on age. Id.
Next, as to plaintiffs’ gender discrimination claims, the court struck these down as well in light of the fact that both plaintiffs when they filed their Charges of discrimination with the EEOC only checked the box for “age” and did not check the box for “sex”. Also, neither in their Charge discussed sex or gender discrimination. Both only discussed the discrimination and harassing and demotion based on their age.
This was not good for Plaintiffs’ Kentucky age discrimination attorney.
Then, as to the other plaintiff’s gender discrimination claim under the KCRA, the court dismissed that claim as well in light of the lack of factual allegations. Plaintiff did not make any allegations that suggested that she was terminated because of her gender.
The court also struck down the IIED claim in light of there being no proof of atrocious and utterly intolerable conduct on the part of the defendants. Being demoted, criticized for work performance, passed over for promotion, and terminated was not enough for this court to support a finding of IIED. Id.
Finally, as to the claim for punitive damages the court struck this down as well. Under the ADEA and KCRA, punitive damages are not available under either statute. (cites omitted).
If you have been the subject of a Kentucky Age Discrimination (Age Discrimination in Employment Act (ADEA)) lawyer case, please call and speak to a Kentucky Age Discrimination (Age Discrimination in Employment Act (ADEA)) Case lawyer at the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (888-275-2637) or contact us. We are available 24 hours a day, 7 days a week.
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