United States Court of Appeals for the Fifth Circuit · 2019-08-13
29usc623: author: Astra4 · not independently reviewed
Case and law context
Role: applied; posture: appeal from summary judgment for employer; result: claimant-lost; claim:
Uncertainty
None recorded
Misfit
The court examines several forms of pretext evidence; this variant focuses on the retirement remark and decisionmaker linkage, not a categorical rule insulating mass layoffs.
B · Case × element grid
Top-level elements follow claim order in panels of up to six elements. Case rows repeat across panels. Every recorded block retains its holding and basis; multiple blocks are not merged into a case-level verdict. ✓ satisfied · ✗ not satisfied · ○ not reached · · not addressed. Muted blocks are not counted. Sub-element evidence remains on case and element pages.
Elements 1–6 of 31
| Case | Employer coverage and exclusions | Age forty or older | Hiring discharge or employment terms | Judicial but-for standard for age-based treatment | Route-conditioned statutory f(1) and f(2) alternatives | Conditional state firefighter and law-enforcement hiring or retirement |
|---|---|---|---|---|---|---|
| McMichael v. Transocean Offshore Deepwater Drilling, Inc. — 934 F.3d 447 (2019) · United States Court of Appeals for the Fifth Circuit · 2019 (29usc623: author: Astra4 · not independently reviewed) | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed |
Elements 7–12 of 31
| Case | Age sixty-five executive or high-policymaker compulsory retirement | Judicial impact requirement to identify a particular practice | Judicial impact requirement of significant causal disparity | Covered employment agency | Covered labor organization | Opposition or participation |
|---|---|---|---|---|---|---|
| McMichael v. Transocean Offshore Deepwater Drilling, Inc. — 934 F.3d 447 (2019) · United States Court of Appeals for the Fifth Circuit · 2019 (29usc623: author: Astra4 · not independently reviewed) | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed |
Elements 13–18 of 31
| Case | Judicial material-adversity standard for retaliation | Retaliatory causal connection | Agency referral discrimination | Membership classification referral or causing discrimination | Employer agency or union advertiser | Age-based notice or advertisement |
|---|---|---|---|---|---|---|
| McMichael v. Transocean Offshore Deepwater Drilling, Inc. — 934 F.3d 447 (2019) · United States Court of Appeals for the Fifth Circuit · 2019 (29usc623: author: Astra4 · not independently reviewed) | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed |
Elements 19–24 of 31
| Case | Wage reduction to comply | Employer agency union or combination maintaining a pension plan | Establish or maintain an employee pension benefit plan | Age-based accrual or allocation cessation or reduction | Subsection i pension qualifications and compliance | Conditional bona fide seniority system or benefit plan |
|---|---|---|---|---|---|---|
| McMichael v. Transocean Offshore Deepwater Drilling, Inc. — 934 F.3d 447 (2019) · United States Court of Appeals for the Fifth Circuit · 2019 (29usc623: author: Astra4 · not independently reviewed) | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed |
Elements 25–30 of 31
| Case | Narrow bona fide occupational qualification | Displayed scope and specialized exclusions | Charge filing waiver and remedies | Foreign workplace conflict with local law | Good cause for employer discharge or discipline | Judicial outside-applicant coverage limit where circuit precedent controls |
|---|---|---|---|---|---|---|
| McMichael v. Transocean Offshore Deepwater Drilling, Inc. — 934 F.3d 447 (2019) · United States Court of Appeals for the Fifth Circuit · 2019 (29usc623: author: Astra4 · not independently reviewed) | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed |
Elements 31–31 of 31
| Case | Reasonable factors other than age |
|---|---|
| McMichael v. Transocean Offshore Deepwater Drilling, Inc. — 934 F.3d 447 (2019) · United States Court of Appeals for the Fifth Circuit · 2019 (29usc623: author: Astra4 · not independently reviewed) | · not addressed |
Instances and excluded annotation blocks
| Case | Element | Holding and scope | Pattern | Exact source quotations |
|---|---|---|---|---|
| McMichael v. Transocean Offshore Deepwater Drilling, Inc. — 934 F.3d 447 (2019) · United States Court of Appeals for the Fifth Circuit · 2019 — not · no-evidence (29usc623: author: Astra4 · not independently reviewed) | Judicial but-for standard for age-based treatment | not Counted merits instance applied / merits basis: no-evidence The employer’s reduction in force does not automatically defeat an age claim. The selected evidence addresses the remark’s context and lack of connection to the decisionmaker. | reduction-in-force/retirement-reference-without-decision-link | Between 2014 and 2018, the defendants, Transocean Offshore Deepwater et al., reduced their offshore fleet by 59%.Source: docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/0447-01; Unicode character offsets [30:143] (end exclusive); SHA-256 62ed31abd3cdc9f89edbacbe3cc8eec107e92aa53ae9b66a666acec6dbb84908.And no other evidence shows, or even suggests, that Owen had any influence over the decision to terminate McMichael.Source: docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/0447-01; Unicode character offsets [20860:20976] (end exclusive); SHA-256 62ed31abd3cdc9f89edbacbe3cc8eec107e92aa53ae9b66a666acec6dbb84908.Because we agree that McMichael failed to raise a genuine issue of material fact, we AFFIRM.Source: docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/0447-01; Unicode character offsets [893:985] (end exclusive); SHA-256 62ed31abd3cdc9f89edbacbe3cc8eec107e92aa53ae9b66a666acec6dbb84908. |