Source: cases/29usc623/f3d-924-718-westmoreland-v-twc.case
Case source: https://www.neochart.com/catalog/cases/f3d/volume_924/0718_01/index.html
Because TWC cannot overcome that hurdle, we affirm.
Taken as a whole, this evidence was sufficient for a reasonable jury to determine that TWC's justification was pretextual and that the company fired Westmoreland to make room for a younger worker.
casedsl 1
case /f3d/924/0718-01
name Westmoreland v. TWC Administration, LLC
cite 924 F.3d 718 (2019)
court United States Court of Appeals for the Fourth Circuit
date 2019-05-22
url catalog/cases/f3d/volume_924/0718_01/index.html
source ir/caselaw/f3d_924.jsonl sha1=fc2c15a9fb638a09b79c2b663ed54a7bbc3e0cb7 chars=42225
law 29usc623
role applied
posture appellate review after jury trial
result claimant-won
element employment-action : satisfied [proved]
role applied
scope merits
variant discharge/employer-terminated-worker
fact @35..147 [supports] | After TWC Administration, LLC, d/b/a Time Warner Cable ("TWC"), fired Glenda Westmoreland, she filed this action
held @690..741 | Because TWC cannot overcome that hurdle, we affirm.
gloss Jury verdict and appellate review of an ADEA discharge claim.
element age-causation : satisfied [proved]
role applied
scope merits
variant pretext/grandbabies-remark-and-younger-replacement
fact @6333..6820 [supports] | After delivering the firing decision to Westmoreland, Carroway gathered Westmoreland's belongings and escorted her out of the building. While walking to Westmoreland's car, Carroway stated, "Oh, girl, you don't have nothing to worry about. You'll get another job. Just go home and take care of those grandbabies." TWC chose one of Westmoreland's subordinates, a 37-year-old, to replace her. The company did not take any disciplinary action against Sherrill, who was then 43 years of age.
held @12847..13043 | Taken as a whole, this evidence was sufficient for a reasonable jury to determine that TWC's justification was pretextual and that the company fired Westmoreland to make room for a younger worker.
gloss The Fourth Circuit affirmed the jury's proved but-for inference from the full evidentiary record, not from the isolated remark alone.
misfit The same facts support a jury inference of but-for causation; the remark is not a standalone element or a per-se rule. The appellate court affirms a verdict after reviewing evidence as a whole.