McMichael v. Transocean Offshore Deepwater Drilling, Inc. — 934 F.3d 447 (2019) · United States Court of Appeals for the Fifth Circuit · 2019

United States Court of Appeals for the Fifth Circuit · 2019-08-13

29usc623: author: Astra4 · not independently reviewed

Original case on neochart.com

Case and law context

29 U.S.C. §§ 621–634

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

29 U.S.C. §§ 621–634
CaseEmployer coverage and exclusionsAge forty or olderHiring discharge or employment termsJudicial but-for standard for age-based treatmentRoute-conditioned statutory f(1) and f(2) alternativesConditional 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

29 U.S.C. §§ 621–634
CaseAge sixty-five executive or high-policymaker compulsory retirementJudicial impact requirement to identify a particular practiceJudicial impact requirement of significant causal disparityCovered employment agencyCovered labor organizationOpposition 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

29 U.S.C. §§ 621–634
CaseJudicial material-adversity standard for retaliationRetaliatory causal connectionAgency referral discriminationMembership classification referral or causing discriminationEmployer agency or union advertiserAge-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

29 U.S.C. §§ 621–634
CaseWage reduction to complyEmployer agency union or combination maintaining a pension planEstablish or maintain an employee pension benefit planAge-based accrual or allocation cessation or reductionSubsection i pension qualifications and complianceConditional 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

29 U.S.C. §§ 621–634
CaseNarrow bona fide occupational qualificationDisplayed scope and specialized exclusionsCharge filing waiver and remediesForeign workplace conflict with local lawGood cause for employer discharge or disciplineJudicial 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

29 U.S.C. §§ 621–634
CaseReasonable 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

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopePatternExact 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 treatmentnot
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.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

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.

Evidence kind: fact; polarity: cuts-against; absent flag: 1; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

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.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Court interpretations recorded from this case