/f3d/924/0718-01

United States Court of Appeals for the Fourth Circuit · 2019-05-22

Original case on neochart.com

Case and law context

29 U.S.C. §§ 621–634

Role: applied; posture: appellate review after jury trial; result: claimant-won; claim:

Instances and excluded annotation blocks

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopeVariantExact source quotations
/f3d/924/0718-01 — United States Court of Appeals for the Fourth Circuit · 2019Judicial but-for standard for age-based treatmentsatisfied
Counted merits instance
applied / merits

basis: proved

The Fourth Circuit affirmed the jury's proved but-for inference from the full evidentiary record, not from the isolated remark alone.
pretext/grandbabies-remark-and-younger-replacement
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.
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Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

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

/f3d/924/0718-01 — United States Court of Appeals for the Fourth Circuit · 2019Hiring discharge or employment termssatisfied
Counted merits instance
applied / merits

basis: proved

Jury verdict and appellate review of an ADEA discharge claim.
discharge/employer-terminated-worker
After TWC Administration, LLC, d/b/a Time Warner Cable ("TWC"), fired Glenda Westmoreland, she filed this action
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Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Because TWC cannot overcome that hurdle, we affirm.
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Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Court interpretations recorded from this case

interpretation

An employee who alleges that her employer violated this prohibition "must prove by a preponderance of the evidence (which may be direct or circumstantial), that age was the 'but-for' cause of the challenged employer decision." Gross v. FBL Fin. Servs., Inc. , 557 U.S. 167, 177-78, 129 S.Ct. 2343, 174 L.Ed.2d 119 (2009). In other words, an employee cannot prevail on an age discrimination claim by showing that age was one of multiple motives for an employer's decision; the employee must prove that the employer would not have fired her in the absence of age discrimination. Id. at 177, 129 S.Ct. 2343.

/f3d/924/0718-01 — United States Court of Appeals for the Fourth Circuit · 2019

An employee who alleges that her employer violated this prohibition "must prove by a preponderance of the evidence (which may be direct or circumstantial), that age was the 'but-for' cause of the challenged employer decision." Gross v. FBL Fin. Servs., Inc. , 557 U.S. 167, 177-78, 129 S.Ct. 2343, 174 L.Ed.2d 119 (2009). In other words, an employee cannot prevail on an age discrimination claim by showing that age was one of multiple motives for an employer's decision; the employee must prove that the employer would not have fired her in the absence of age discrimination. Id. at 177, 129 S.Ct. 2343.
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Gross, 557 U.S. 167 (2009), governs §623(a)(1). A motivating-factor showing alone does not shift persuasion to the employer. Direct and circumstantial proof are available; McDonnell Douglas is a proof framework, not the statute or an inflexible universal pleading checklist.