Employer dodges an ageism claim

In the sitcom “The Office,” the show’s regional manager, Michael Scott, got away with making all manner of cringe-worthy comments about his subordinates’ race, age, and sexual orientation. Making “retirement” remarks to an older worker (or other unflattering comments about a protected class or characteristic), however, is usually the kiss of death and will often result in a discrimination claim if the worker is later fired, laid off, or denied a promotion.

In a recent case, the Appellate Division of the New York Supreme Court ruled an employer had shown a neutral, business reason for firing an older custodian who alleged his boss made some ill-thought retirement-related comments to him. Read on to understand how to avoid the risk of such litigation.

Background

Mohiuddin Ahmed sued his real estate management company, 2 West 46th Street Management, LLC, after he was fired for unsatisfactory job performance. He alleged, however, that he was fired because of age discrimination. The employer maintained the termination was lawful and justified.

The New York Supreme Court granted summary judgment (dismissal without a trial) in favor of the employer, and Ahmed appealed to the Appellate Division.

Good proof and ‘stray remarks’

On appeal, the Appellate Division found the employer had “articulated a legitimate, nondiscriminatory reason for firing plaintiff from his employment as a cleaner—namely, [Ahmed’s] unsatisfactory work performance and his failure to improve despite multiple warning letters.”