Heisler v. Nationwide Mutual Insurance Co.
appeal from summary judgment for employer (result: claimant-lost)
Facts
- 4 Judicial but-for standard for age-based treatment not no-evidence
But there is evidence of awkward interviews and some unsavvy conduct, which is at least an arguable basis for Nationwide's purported motives.
- 4 Judicial but-for standard for age-based treatment not no-evidence
She needed to use the qualifications comparison evidence to prove pretext, and she did not introduce enough evidence to meet her burden in that way.
- 4 Judicial but-for standard for age-based treatment not no-evidence
Accordingly, we affirm the district court's judgment that Heisler failed to meet her burden of production to show pretext.