An Age Old Problem: Age Discrimination Cases In The Workplace

Seyfarth Synopsis: Despite inopportune remarks by a decision-maker, an employer was able to prevail in an age discrimination case where underlying reason for employee's terminated was, in fact, insubordination, and not some pretext for discrimination.

Background

In January 2021, the Sixth Circuit Court of Appeals affirmed the Southern District of Ohio Court's  grant of summary judgment in favor of defendants in an unlawful termination suit. Former employee Melanie Pelcha claimed her employer, Watch Hill Bank fired her because of her age (47), in violation of the Age Discrimination in Employment Act (ADEA). Instead, Watch Hill pointed to Pelcha's noncompliance with a 2016 policy change as the reason for the termination. The policy required employees to submit time off requests in writing one month in advance.