In their opinions

“We do not beat the Wolf for being gray, but for eating the sheep.” Sixth Circuit Judge Boyce F. Martin Jr., quoting Count Lev N. Tolstoy’s The Wolf and the Hunters.

Martin was illustrating why a federal district court correctly dismissed an age-discrimination plaintiff’s case.

The plaintiff claimed management made several inquiries of older workers about their retirement plans. Plaintiff alleged that at one point, a human resources manager said, “There are some elderly supervisors that we have to do something with within the next year.”

Martin ruled that even if plaintiff had established a prima facie case by either direct or circumstantial evidence, there was plenty of evidence to back up defendant’s reasons for letting plaintiff go — poor work performance reviews, written warnings about workplace behavior and failure to achieve goals in his personal performance plan.

The case is Lefevers v. GAF Fiberglass Corp.

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s