A recent decision by the federal court of appeals in Atlanta (deciding appeals from Florida, Georgia and Alabama) illustrates that Gross doesn't immunize an employer from its stupid mistakes and loose statements nor does it require employees to prove age was the sole cause of their firing.
A non-profit employed an older worker as a fundraiser. She was moved to a different job for poor performance (instead of being fired - no good deed goes unpunished). She was shortly later fired for poor performance in the new job. The employee fought back by putting on evidence that her boss made the following age statements:
- “I need someone younger I can pay less"
- "you are very old, you are very inept. What you should be doing is taking care of old people. They really need you. I need somebody younger that I can pay less and I can control.”
- “[Plaintiff] is too old to be working here anyway.”
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