Cases of Note

McGhaw v. Sec. Fire Prot., Inc., 2008 U.S. Dist. LEXIS 48976

June 23rd, 2008

OVERVIEW: The employee alleged that the employer discriminated against him based on his race and age when it failed to consider him for a promotion. He alleged race discrimination because no minority employees were interviewed for the position, and he alleged age discrimination because a younger candidate was selected for the position. Granting summary judgment to the employer, the court held that the race discrimination claim under § 2000e-2(a)(1) failed as the employer presented legitimate, nondiscriminatory reasons for its decision and the employee failed to show that those reasons were pretext for discrimination. The employer cited the employee's lack of experience for the position in question and a prior incident during which he pulled a knife on a coworker. The ADEA claim failed because, while the successful applicant might have been a substantially younger person, three out of the four candidates considered for the position were the employee's age or older. That fact dispelled any conclusions of age discrimination in the selection process. Thus, the employee could not make out a prima facie case of age discrimination based on his not being selected to interview for the position.

OUTCOME: The court granted the motion for summary judgment. (Click here for opinion)

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