Fifth Circuit: Employee May Proceed with Hostile Work Environment and Constructive Discharge Claims under the ADEA

Jonathan E. "Jon" O'Connell is an Associate in our Northern Virginia office

The United States Court of Appeals for the Fifth Circuit recently confirmed that an employer can be liable for allowing or failing to prevent age-based harassment. Milan v. Dediol v. Best Chevrolet, Inc., et al., No. 10-30767 (5th Cir. September 12, 2011). The decision reminds employers of the need to take steps to prevent and stop harassment based on any characteristic protected
by law.

Background

Milan Dediol filed suit against his former employer, Best Chevrolet, Inc., alleging that during his three-month-long employment as a car salesman he was subjected to a hostile work environment based on his age. Dediol, who was 65 years old at the time, alleged that during the course of his employment, his supervisor regularly called him, among other things, "pops" and "old man." Dediol also alleged that his supervisor made a number of physically threatening gestures toward him and directed