Source: cases/29usc623/f-supp-3d-343-681-kitchen-v-basf.case
Case source: https://www.neochart.com/catalog/cases/f-supp-3d/volume_343/0681_01/index.html
As a legal matter, Kitchen's subjective belief that age played a role in his termination is insufficient to establish a prima facie case of discrimination under the ADEA.
Kitchen presents absolutely no evidence whatsoever to establish a prima facie case under the ADEA that "he was either i) replaced by someone outside the protected class, ii) replaced by someone younger, or iii) otherwise discharged because of his age."
In short, Kitchen's ADEA claim falls flat. Summary judgment is appropriate in favor of BASF on the ADEA cause of action.
casedsl 1.2 # author: Flash2 (gemini-3.8-flash-high) # triaged-by: Fable (2026-11-10) case /f-supp-3d/343/0681-01 name Kitchen v. BASF cite 343 F. Supp. 3d 681 (2018) court United States District Court for the Southern District of Texas date 2018-10-16 url catalog/cases/f-supp-3d/volume_343/0681_01/index.html source ir/caselaw/f_supp_3d_343.jsonl sha1=14ea5e532ef7b3a8f868520e079a80b03ba31c36 chars=34301 opinion rec : order by Edison @0..34301 controlling ? opinion: the IR text is only the magistrate judge's Memorandum and Recommendation (28 U.S.C. § 636(b)(1)(B)); the district judge's order adopting it is not in the record text, so the recommendation is recorded as the controlling ruling law 29usc623 role applied posture civil; ADEA age discrimination; magistrate judge recommends granting employer's motion for summary judgment (ADA, ADEA, § 1981) and denying plaintiff's cross-motion result claimant-lost element protected-age : satisfied [conceded] route _whole pattern employee over 55 at discharge; age not disputed fact @4852..4915 [supports] | At the time of his termination, Kitchen was over the age of 55. element employment-action : satisfied [conceded] route discharge pattern termination after a positive alcohol test under a final warning and return-to-work agreement fact @4621..4851 [supports] | Because Damron believed Kitchen had turned up at work under the influence of alcohol in violation of company policy and his Return to Work Agreement and Final Warning, Kitchen's employment was terminated effective October 2, 2015. element age-causation : not-satisfied [no-evidence] route prima-facie-case pattern no evidence of replacement or of differently treated comparators, only the plaintiff's subjective belief; decisionmaker himself in his 50s fact @29202..29318 [cuts-against] | Kitchen's ADEA claim is based entirely on his subjective belief that he was terminated, in part, because of his age. fact @29708..29829 [cuts-against absent] | Kitchen provides zero evidence that he was treated differently than any other BASF employees under similar circumstances. fact @29830..30003 [cuts-against] | Although Kitchen dismisses the fact that Damron, the individual who fired him, is also in his 50s and thus a member of the same protected class as Kitchen, the law is clear: rule @29319..29489 | As a legal matter, Kitchen's subjective belief that age played a role in his termination is insufficient to establish a prima facie case of discrimination under the ADEA. held @28641..28893 | Kitchen presents absolutely no evidence whatsoever to establish a prima facie case under the ADEA that "he was either i) replaced by someone outside the protected class, ii) replaced by someone younger, or iii) otherwise discharged because of his age." held @30507..30627 | In short, Kitchen's ADEA claim falls flat. Summary judgment is appropriate in favor of BASF on the ADEA cause of action. gloss The court adds an alternative ground in one sentence: even assuming a prima facie case, no showing that the alcohol-test reason was a pretext for age discrimination.