This morning, a divided Sixth Circuit affirmed the dismissal of an age discrimination claim brought by a former news reporter who walked out of the station after he said that he planned quit following a suspension for objecting to an assignment. Sander v. Gray Television Group, Inc., No. 10-6120 (6th Cir. 4-19-12). This is yet another case in which the majority of the Court found it to be non-discriminatory to ask older employees about their retirement plans for succession planning purposes. The majority found that the plaintiff could not show that he was terminated on account of his age because he had resigned when he walked out after telling people he planned to quit. They also found the employer had a legitimate non-discriminatory reason to fire him based on his refusal to perform an assignment within his job duties and then telling co-workers he planned to quit over it. Management was justified in concluding that it would undermine his supervisor to permit the anchor to object like this to routine assignments. However, the dissent noted that his resignation had been ambiguous and the management admitted that they knew he did not really intend to quit. Moreover, there was evidence that his direct supervisor had previously made derogatory comments about his age and that other older anchors had potential claims for age discrimination as well. The majority dismissed those comments because the supervisor was not the decisionmaker.
NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Information here can change or be amended without notice. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with or retain an employment attorney.
