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Supervisors' inquiries about retirement create doubt about true motive for firing

April 2020 employment law letter
Authors: 
Minia Bremenstul, Jones Walker LLP

A former employee's age discrimination and hostile work environment claims will proceed to trial in large part because his supervisors allegedly repeatedly questioned him about when he would retire. The 57-year-old employee was fired after an investigation revealed he sent inappropriate and sexually explicit e-mails to coworkers in violation of the employer's antidiscrimination and antiharassment policy. Despite the employer's legitimate nondiscriminatory reason for firing the employee, a federal court in Louisiana said there was enough circumstantial evidence of age bias to create doubt about its true motive. This case is a good reminder that the context of age-related comments matters.

Longtime employee investigated for misconduct

Todd Venable worked for EnLink MidStream Operating for nearly 20 years, most recently as a board operator at the company's plant in Geismar. He reported directly to the foreman and was supervised indirectly by the plant manager and two directors of operation.

EnLink's handbook includes an antidiscrimination/antiharassment policy that prohibits employees from displaying, viewing, possessing, or bringing offensive or sexually suggestive written or graphic materials to the workplace and from sending offensive messages using company equipment. Venable received a copy of the handbook, acknowledged he had reviewed it, and admitted to being trained on the antidiscrimination and antiharassment policies.

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