Age discrimination claims will continue to be analyzed using a 'but-for' standard

The U.S. 6th Circuit Court of Appeals (whose rulings apply to all Michigan and Ohio employers) affirmed summary judgment (dismissal without a trial) in favor of an employer and held claims filed under the Age Discrimination in Employment Act (ADEA) must continue to be judged using a "but-for" standard.

Facts

Melanie Pelcha was employed as a bank teller by Watch Hill Bank. A new supervisor instituted a policy that her direct reports must submit written requests for time off approximately one month in advance.

Pelcha sought to take time off from work, but she didn't complete the request form until one day before the time off. Although she ultimately completed the form, she lamented to her supervisor that the employee handbook didn't require her to fill out a written request.

The next day, the supervisor told the bank president about Pelcha's failure to submit the form in accordance with the policy and other workplace issues, such as her "negative attitude and failure to timely complete tasks." The president stated he had zero tolerance for insubordination and fired Pelcha.

Pelcha filed a lawsuit, alleging she was terminated based on her age in violation of the ADEA. The trial court dismissed her claim on summary judgment, and the 6th Circuit affirmed the decision.

Court's decision