Articles Posted in Age

Wednesday night was crazazy, yo!

I had this dream that was I slaloming down a snowy mountain towards a giant fortress under a hail of gunfire. But the next thing I know, I wake up and I’m falling down this elevator shaft. And, just as I’m about to bite it, I find myself in a car submerged underwater, having just taken a 100-foot fall from the bridge above.

And then I’m in my bed.

It’s 3 am and I am dripping sweat. I tap the Joe Beimel bobblehead on my nightstand — I know I shouldn’t have told you about my totem but, damnit, I love my readers.

Just as I’m starting to get my bearings, what hit me next was ten times as powerful as any three-tiered Inception dream and it kept me up for the rest of the night:

Could the United States Supreme Court’s decision in
Staub v. Proctor Hospital, in which the Court affirmed the
theory of subordinate bias — or “cat’s paw” —  in an
action under USERRA, equally apply to claims brought
under the Age Discrimination in Employment Act (ADEA)?
 

But, oh hells-to-the-yeah, the Tenth Circuit, sensing my angst, issued an opinion on Thursday answering all of my questions. So, while I grab my meds, you hit the jump and find out if the cat’s paw doctrine applies to ADEA claims.

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A 51-year-old auto-parts specialist with lupus, fibromyalgia, diabetes and arthritis, claimed that his 29-year-old co-worker called him an “old cripple” and an “old man,” labeled him “too old to be trained,” and threatened to beat him with a baseball bat.

The 51-year-old responded by telling his manager that he would kick the 29-year-old’s ass and then came to work with a handgun in his car.

Wha Wha Whaaaaaat?!?!

Did the older employee overreact? Maybe. But was he the victim of a hostile work environment?

Find out after the jump.

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