A 43-year-old beer salesman terminated for telling a customer about his ten million dollar lawsuit against his employer was not engaging in a “protected activity” under the Age Discrimination in Employment Act, the Sixth Circuit rules.

Prior to his dismissal, the employee had filed age discrimination charges with the Tennessee Human Rights Commission and state court. He subsequently was placed on a final warning about customer complaints concerning his work. When his supervisor checked on his performance with a customer, the customer stated that the employee was “very vocal” about suing the company and “how upper management is out to get him.” Since the customer said that the employee was “always” talking about his lawsuit, the company interpreted this to be a customer complaint, and fired the employee.

The Sixth Circuit says that in order for the employee’s comments to be protected under the ADEA, he “must have referenced alleged acts of age discrimination” by the company. “An employee may not invoke the protections of the Act by making a vague charge of discrimination. Otherwise, every adverse employment decision by an employer would be subject to challenge under either state or federal civil rights legislation simply by an employee inserting a charge of discrimination,” the Court said. Fox v. Eagle Distributing Co.