BEWARE OF STRAY REMARKS TO EMPLOYEES
The United States Court of Appeals for the Second Circuit recently ruled in the case of Tomassi v. Insignia Fin. Group, Inc. , No. 05-6219 (2d Cir. February 16, 2007), that a supervisor's stray remarks and general inquiries about the plaintiff's retirement were cumulatively sufficient to support a claim of age discrimination. The plaintiff was a 60 year old woman hired in 2000 to manage a senior citizen apartment complex in New York City. Thereafter, a new supervisor asked her repeatedly if she ever thought about retiring and whether she thought she would be able to “keep up with” her work. The supervisor also made frequent references to the plaintiff's age and would often suggest that she could easily relate to the complex's residents, who were primarily seniors.
After being dismissed in 2003 because she “was no longer needed,” the plaintiff filed a suit alleging age discrimination under the Age Discrimination in Employment Act (ADEA) and sex discrimination under Title VII of the Civil Rights Act of 1964. The district court granted defendant's motion for summary judgment concluding that there was insufficient evidence to support a reasonable finding that the plaintiff was fired on account of her age. However, the Second Circuit held that the defendant's comments, when viewed together, could sustain an inference that plaintiff's termination was motivated by her age. The court emphasized the importance of the fact that these age-related comments were made by the ultimate decision maker with respect to the plaintiff's termination. According to the court, the defendant's age-related remarks demonstrated the potentially discriminatory motive behind his decision to terminate the plaintiff.
Given the number and complexity of laws governing the employment relationship, coupled with the dynamics of today's diverse workforce, employers need to be constantly vigilant of risks of liability arising from daily interactions between managers and their employees. Jackson & Campbell 's Employment Law Practice Group can counsel your managers and individual employees on appropriate office conduct to avoid such pitfalls.
The contents of this Employment Law Alert are intended for general informational purposes only and should not be considered legal advice. Moreover, the mailing of this Employment Law Alert is not intended to create nor does it constitute an attorney-client relationship.
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