Miami Employer Defeats Direct Evidence on Motion for Summary Judgment
Direct evidence of discrimination is evidence that, if believed, would prove the existence of a fact without inference or presumption. For example, in an age discrimination case, a statement by a supervisor during a termination meeting that he needs "someone younger" would likely be deemed direct evidence of age discrimination.
That was what the plaintiff in a recent case alleged her supervisor at Jackson Memorial Foundation told her during her termination meeting. She brought suit under the Age Discrimination in Employment Act in a Miami federal court. Following discovery, JMF moved for summary judgment, arguing that it had overwhelming evidence that the termination was made for legitimate, nondiscriminatory reasons, notwithstanding the alleged direct evidence.
U.S. District Judge Joan Lenard agreed and granted JMF's motion. "The fact that a plaintiff has established a prima facie case under the ADEA with direct evidence... does not in and of itself warrant summary judgment against an employer," wrote Judge Lenard. "As such, the Court rejects Plaintiff’s argument that Defendant’s 'concession that [Plaintiff] has direct evidence of age discrimination is itself sufficient to create a genuine fact issue necessitating a trial.' Rather, in the face of direct evidence, the burden then shifts to an employer to prove that the same challenged employment decision would have been made absent any discriminatory intent."
Judge Lenard then spent three pages describing the undisputed evidence of the plaintiff's unsatisfactory work performance and conduct, which led to a decision to terminate the plaintiff in January 2006, several months before the alleged discriminatory remark was made. "There is simply no evidence," Judge Lenard concluded, "that the decision to terminate Plaintiff in January of 2006 was motivated by anything other than [the supervisor's] dissatisfaction with Plaintiff’s work performance and conduct."
Congratulations to defense counsel, my partners Mike Casey and Kevin Vance , on this hard-fought victory.
The Justice Department issued a 