Richardson v. Astec, Inc. — 366 F. Supp. 3d 983 (2019) · United States District Court for the Eastern District of Tennessee · 2019

United States District Court for the Eastern District of Tennessee · 2019-03-18

29usc623: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)

Original case on neochart.com

Case and law context

29 U.S.C. §§ 621–634

Role: applied; posture: civil; ADEA age discrimination; employer motion for summary judgment denied by ED Tenn; result: claimant-won; claim:

Uncertainty

None recorded

Misfit

None recorded

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
Richardson v. Astec, Inc. — 366 F. Supp. 3d 983 (2019) · United States District Court for the Eastern District of Tennessee · 2019 (29usc623: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))· 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
Richardson v. Astec, Inc. — 366 F. Supp. 3d 983 (2019) · United States District Court for the Eastern District of Tennessee · 2019 (29usc623: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))· 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
Richardson v. Astec, Inc. — 366 F. Supp. 3d 983 (2019) · United States District Court for the Eastern District of Tennessee · 2019 (29usc623: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))· 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
Richardson v. Astec, Inc. — 366 F. Supp. 3d 983 (2019) · United States District Court for the Eastern District of Tennessee · 2019 (29usc623: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))· 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
Richardson v. Astec, Inc. — 366 F. Supp. 3d 983 (2019) · United States District Court for the Eastern District of Tennessee · 2019 (29usc623: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))· 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
Richardson v. Astec, Inc. — 366 F. Supp. 3d 983 (2019) · United States District Court for the Eastern District of Tennessee · 2019 (29usc623: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))· not addressed

Instances and excluded annotation blocks

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopePatternExact source quotations
Richardson v. Astec, Inc. — 366 F. Supp. 3d 983 (2019) · United States District Court for the Eastern District of Tennessee · 2019 — satisfied · triable (29usc623: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))Judicial but-for standard for age-based treatmentsatisfied
Counted merits instance
applied / merits

basis: triable

disputed-misconduct-complaint-plus-retirement-inquiries-and-undisciplined-younger-comparator
Richardson also testified that two or three days before her termination, McMahan asked when she was going to retire, noting that she was about to be seventy years old.
Source: docroot/ir/caselaw/f_supp_3d_366.jsonl#/f-supp-3d/366/0983-01; Unicode character offsets [14003:14170] (end exclusive); SHA-256 58eda9414a4fe9f2012d19b3411a56611a06836293a830dc45acfba99af15f94.

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

Astec does not point to any evidence suggesting that Oswald was not expected to comply with Astec's core values or that McMahan subsequently disciplined him for his alleged conduct.
Source: docroot/ir/caselaw/f_supp_3d_366.jsonl#/f-supp-3d/366/0983-01; Unicode character offsets [35150:35331] (end exclusive); SHA-256 58eda9414a4fe9f2012d19b3411a56611a06836293a830dc45acfba99af15f94.

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

Additionally, Richardson has submitted a declaration from Debbie Daugherty in which she avers that Richardson never made her cry and that she refused to report Richardson to human resources despite Oswald's urging.
Source: docroot/ir/caselaw/f_supp_3d_366.jsonl#/f-supp-3d/366/0983-01; Unicode character offsets [37722:37936] (end exclusive); SHA-256 58eda9414a4fe9f2012d19b3411a56611a06836293a830dc45acfba99af15f94.

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

McMahan maintains any questions about Richardson's retirement plans were solely for purposes of succession planning, citing the need to ensure that certain responsibilities were covered in the event an employee resigned, retired, or otherwise ended their employment relationship with Astec.
Source: docroot/ir/caselaw/f_supp_3d_366.jsonl#/f-supp-3d/366/0983-01; Unicode character offsets [14294:14584] (end exclusive); SHA-256 58eda9414a4fe9f2012d19b3411a56611a06836293a830dc45acfba99af15f94.

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

An employee can demonstrate pretext by providing evidence that the employer's reason for terminating her: (1) had no basis in fact; (2) did not actually motivate the discharge; or (3) was insufficient to motivate the discharge.
Source: docroot/ir/caselaw/f_supp_3d_366.jsonl#/f-supp-3d/366/0983-01; Unicode character offsets [36302:36529] (end exclusive); SHA-256 58eda9414a4fe9f2012d19b3411a56611a06836293a830dc45acfba99af15f94.

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

Accordingly, Richardson has provided sufficient evidence from which a reasonable jury could conclude that Astec's stated reason for firing Richardson was actually pretext for age discrimination.
Source: docroot/ir/caselaw/f_supp_3d_366.jsonl#/f-supp-3d/366/0983-01; Unicode character offsets [38667:38861] (end exclusive); SHA-256 58eda9414a4fe9f2012d19b3411a56611a06836293a830dc45acfba99af15f94.

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

Richardson v. Astec, Inc. — 366 F. Supp. 3d 983 (2019) · United States District Court for the Eastern District of Tennessee · 2019 — satisfied · conceded (29usc623: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))Hiring discharge or employment termssatisfied
Counted merits instance
applied / merits

basis: conceded

employer-terminated-worker
On January 16, 2017, after Oswald submitted his complaint, McMahan and Oswald met with Locklear and, at the conclusion of the meeting, decided to terminate Richardson's employment.
Source: docroot/ir/caselaw/f_supp_3d_366.jsonl#/f-supp-3d/366/0983-01; Unicode character offsets [12438:12618] (end exclusive); SHA-256 58eda9414a4fe9f2012d19b3411a56611a06836293a830dc45acfba99af15f94.

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

The parties do not dispute that Richardson is a member of a protected class, that she suffered an adverse employment action, or that she was qualified for the position she held.
Source: docroot/ir/caselaw/f_supp_3d_366.jsonl#/f-supp-3d/366/0983-01; Unicode character offsets [33413:33590] (end exclusive); SHA-256 58eda9414a4fe9f2012d19b3411a56611a06836293a830dc45acfba99af15f94.

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

Richardson v. Astec, Inc. — 366 F. Supp. 3d 983 (2019) · United States District Court for the Eastern District of Tennessee · 2019 — satisfied · conceded (29usc623: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))Age forty or oldersatisfied
Counted merits instance
applied / merits

basis: conceded

worker-over-forty
Richardson was seventy years old when Astec terminated her.
Source: docroot/ir/caselaw/f_supp_3d_366.jsonl#/f-supp-3d/366/0983-01; Unicode character offsets [12642:12701] (end exclusive); SHA-256 58eda9414a4fe9f2012d19b3411a56611a06836293a830dc45acfba99af15f94.

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

The parties do not dispute that Richardson is a member of a protected class, that she suffered an adverse employment action, or that she was qualified for the position she held.
Source: docroot/ir/caselaw/f_supp_3d_366.jsonl#/f-supp-3d/366/0983-01; Unicode character offsets [33413:33590] (end exclusive); SHA-256 58eda9414a4fe9f2012d19b3411a56611a06836293a830dc45acfba99af15f94.

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

Court interpretations recorded from this case