A manager who made frequent references to the age of an employee by telling her “In your day and age…” and asking her whether she would be better off retiring so she could “take time off to rest” may have been motivated by age discrimination when he finally terminated the employee, says the Second Circuit. The remarks made by the manager should not be considered “stray” since they were made by the person who decided to terminate the employee, the Court observes, pointing out that the manager made the age-related remarks every month or so, and even during the termination of the employee, told her that “she was well suited to work with seniors.” The Court reverses summary judgment and sends the case for a jury trial. Tomassi v. Insignia Financial Group.
Decisionmaker’s Remarks May Show Age Bias
A manager who made frequent references to the age of an employee by telling her “In your day and age…” and asking her whether she would be better off retiring so she could “take time off to rest” may have been motivated by age discrimination when he finally terminated the employee, says the Second Circuit. The remarks made by the manager should not be considered “stray” since they were made by the person who decided to terminate the employee, the Court observes, pointing out that the manager made the age-related remarks every month or so, and even during the termination of the employee, told her that “she was well suited to work with seniors.” The Court reverses summary judgment and sends the case for a jury trial. Tomassi v. Insignia Financial Group.


