Westmoreland v. TWC Administration, LLC

924 F.3d 718 (2019) United States Court of Appeals for the Fourth Circuit 2019-05-22

appellate review after jury trial (result: claimant-won)

Facts

  1. 3 Hiring discharge or employment terms satisfied proved
    After TWC Administration, LLC, d/b/a Time Warner Cable ("TWC"), fired Glenda Westmoreland, she filed this action
  2. 3 Hiring discharge or employment terms satisfied proved
    Because TWC cannot overcome that hurdle, we affirm.
  3. 4 Judicial but-for standard for age-based treatment satisfied proved
    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.
  4. 4 Judicial but-for standard for age-based treatment satisfied proved
    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.