Employment – Discrimination – Age – Pretext

An award of summary judgment for the defendant employer in an age discrimination case must be reversed based on (1) inconsistencies between the defendant’s stated reasons for dismissal and the plaintiff’s performance record at the company, (2) the lack of credibility that may be ascribed by a jury to certain of a supervisor’s justifications for dismissal and (3) most importantly, the fact that in response to arguably similar conduct by the plaintiff’s younger replacement, the defendant took no disciplinary action.

Acevedo-Parrilla, et al. v. Novartis Ex-Lax, Inc. (Lawyers Weekly No. 01-269-12) (40 pages) (Torruella, J.) (1st Circuit) Appealed from the U.S. District Court for the District of Puerto Rico (Docket No. 10-2276) (Oct. 10, 2012).