No. 18-1089
Annette Benjamin v. Felder Services, L.L.C., dba Oxford Health and Rehab Center
Tags: age-discrimination burden-of-proof civil-rights direct-evidence disparate-treatment employment-act employment-discrimination employment-law poor-performance pretext summary-judgment workplace-discrimination
Key Terms:
EmploymentDiscrimina
EmploymentDiscrimina
Latest Conference:
2019-04-26
Question Presented (AI Summary)
Whether a court may properly grant summary judgment in an Age Discrimination in Employment Act case by accepting as true the employer's disputed claim that the plaintiff was a poor performer, and that the alleged poor performance, not age, was the reason for the firing
Question Presented (from Petition)
QUESTION PRESENTED In a case brought under the Age Discrimination in Employment Act, where a long-term, older employee is displaced by a younger employee, may a court properly grant summary judgment by accepting as true the employer’s disputed claim that the plaintiff was a poor performer, and that the alleged poor performance, not age, was the reason for the firing?
Docket Entries
2019-04-29
Petition DENIED.
2019-04-10
DISTRIBUTED for Conference of 4/26/2019.
2019-03-22
Brief of respondent Felder Services, L.L.C. in opposition filed.
2019-02-18
Petition for a writ of certiorari filed. (Response due March 25, 2019)
Attorneys
Annette Benjamin
Jim Waide — Waide & Associates, P.A., Petitioner
Jim Waide — Waide & Associates, P.A., Petitioner
Felder Services, L.L.C.
James Tucker Mitchell — Mitchell Day Law Firm, PLLC, Respondent
James Tucker Mitchell — Mitchell Day Law Firm, PLLC, Respondent