In June of 2013, the United States Court of Appeals for the Sixth Circuit decided a case involving age discrimination in violation of the KCRA. (See Sharp v. Aker Plant Services Group, Inc., 2013 WL 4038583 (Ct. App. 2013)). This appeal was taken by the plaintiff’s Louisville age discrimination KCRA attorney after the lower court had found no age discrimination. On appeal the appellate court reversed the summary judgment and remanded it back for further proceedings. The reasoning is as follows.
The plaintiff worked for the defendant since 2003. He worked exclusively for the Louisville plant. At the time of plaintiff’s firing he was 52 years old. The defendant insisted that the layoffs were based on performance not age. Yet, when plaintiff was fired he had a conversation with his boss who said in part that the other guy was younger. Id. The Louisville age discrimination KCRA plaintiff was not replace by a younger employee rather his workload was divided between the remaining employees. Plaintiff filed suit in state court and the defendant removed it to federal court.
The KCRA states that it is unlawful for an employer to “discharge any individual or otherwise to discriminate against an individual with respect to compensation, terms, conditions, or privileges of employment, because of the individual’s … age forty (40) and over.” (cites omitted). The crux of this Louisville age discrimination KCRA case came down to the conduct of plaintiff’s supervisor. In this Louisville age discrimination KCRA case the decision maker to fire plaintiff was the supervisor who told his boss to do so and who relied on the supervisor’s recommendation. “Discriminatory remarks by decision makers and those who significantly influence the decision-making process can constitute direct evidence of discrimination.” (cites omitted).
The plaintiff had tape recorded the defendant supervisor and had the entire conversation about age and going with the younger employee as direct evidence of the age discrimination. Id. Even if this conversation was taped after the firing, it was directly related and on point as to the discriminatory reasoning for the firing. The relevant information provided by the plaintiff was enough to overcome the motion for summary judgment.
If you have been the subject of a Louisville age discrimination KCRA case, please call and speak to a Louisville age discrimination KCRA attorney at the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (275-2637) or contact us. We are available 24 hours a day, 7 days a week.
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