Appeals Court Affirms Lower Court’s Decision in Age Discrimination Case

February 15, 2023

The U.S. Court of Appeals for the Fourth Circuit affirmed a district court’s granting of summary judgment in favor of the City of Salem. GWCL attorneys Jeremy Carroll and Julian Harf represented the City. The lawsuit involved a former employee who alleged she faced discrimination and denial of a promotion because of her age, a violation of the Age Discrimination in Employment Act (ADEA). The former employee also filed a constructive discharge claim alleging she was forced to resign because she was not promoted and because of intolerable work conditions. The Western District Court of Virginia concluded that the plaintiff did not present evidence sufficient to support her claim that age was the reason for Salem’s decision to not promote her, and granted summary judgment in favor of the City. The former employee appealed to the Fourth Circuit which published its opinion earlier this week affirming the lower court’s decision.

To read the appeals court’s full opinion click here
For our article previously published on this case, click here

Julian Harf

Jeremy E. Carroll

Julian Harf

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