August 15th, 2019
US Court of Appeals for the Fifth Circuit Opinions
McMichael v. Transocean Offshore Deepwater Drilling, Inc.
Opinion Date: August 13, 2019
Judge: Carl E. Stewart
Areas of Law: Civil Rights, Constitutional Law, Labor & Employment Law
The Fifth Circuit affirmed the district court's grant of summary judgment for the employer in an action brought by plaintiff, a former employee, under the Age Discrimination in Employment Act (ADEA). The court held that plaintiff failed to raise a genuine issue of material fact regarding the employer's reason for firing him. Although the parties agreed that plaintiff made a prima face case of employment discrimination, the court held that the employer provided a legitimate, non-discriminatory reason for firing plaintiff: a broad reduction in force. The court also held that plaintiff failed to show that the employer's reason for firing him was pretextual. In this case, no evidence showed that age was a factor in any of the employer's firing decisions.
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