Eighth Circuit Sets Record Straight On Age Discrimination
Age Discrimination Plaintiff Gets Great Decision From Court of Appeals
It looks like a typical age discrimination scenario. A supervisor makes hostile remarks about older employees and expresses a preference for younger ones. An older employee with an excellent record gets fired for trumped-up reasons and a younger employee is hired to replace her.
What seems like an obvious case of age discrimination was not so obvious to the Federal District Court in the Western District of Missouri when it threw out the case of Baker v. Silver Oak Senior Living Mgt. Co. on summary judgment.
Fortunately, the Eighth District Court of Appeals reversed this month in an important opinion about the proper interpretation of evidence in an age discrimination case. 
What Happened In The Case
Kathy Baker worked as the director of assisted living at a center operated by Silver Oak since 2003. Her 2004 review was excellent in every category.
A few months later, Carolyn Thomas was hired as Baker’s new supervisor. After taking over, Thomas told Baker that:
- Silver Oak needed people that were "young and vivacious, not slow and old"
- Baker "needed to get rid of the dead wood"
- Employees who had been fired were "slow and old"
She also told Baker that:
- She dressed like an old lady
- Everyone had to "keep up with" two supervisors who were in their thirties
The CEO, Eric Lindsey, made similar remarks at meetings attended by Baker.
Thomas also admitted that she teased Baker about walking slowly and having poor hearing. She also repeatedly asked Baker to fire and discipline older employees.
When Baker told Thomas that "you can’t get rid of employees just because they’re old," Thomas responded that:
- "firing older employees would allow Silver Oak to hire younger employees for less money'"
- "younger employees would be better workers, have more energy, be more enthusiastic, and stimulate the residents"
After refusing Thomas’ demands to get rid of the older employees, Baker was disciplined and placed on indefinite probation.
The reason given was that Baker allegedly failed to get proper approval before admitting a special-needs resident and dismissed an employee without having an administrator present.
Baker claimed that that these allegations were false.
Following those events, Thomas gave Baker a negative performance evaluation and asked Baker whether she was going to quit. She said no.
A couple of months later, Baker went on an approved medical leave. She was called in at some point during her leave, told that she had been temporarily replaced and that she was being transferred to another city.
She was again asked if she wanted to quit and again she said no.
Shortly after that she was fired . The reason given was that she did not call in each day during her medical leave. Baker was 53 years old at the time.
Angela Thomas, age 30, temporarily took over Baker’s duties until a new director -- 22 year old Starr McGinnes -- was hired to replace Baker a couple of months later.
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