What did he say? — ADEA decision centers on employee’s alleged repeated verbal abuse

Description

Abstract: When a 65-year-old employee resigned after alleged repeated age-related abuse, he filed suit, claiming a hostile work environment. However, this type of claim isn’t addressed in the Age Discrimination in Employment Act (ADEA), and the Fifth Circuit had never before held that Title VII could be used to address a claim of hostile work environment based on age. Nevertheless, the court held that a "plaintiff’s hostile work environment claim based on age discrimination under the ADEA may be advanced in this court." This article explains the court’s reasoning, while a sidebar shows why the court also concluded that the plaintiff had valid grounds for his "constructive discharge" claim. Citation: Dediol v. Best Chevrolet, Inc., No. 10-3076, Sept. 12, 2011 (5th Cir.). Crawford v. Medina General Hospital, No. 95-3243, Sept. 24, 1996 (6th Cir.)