A Time Share Sales Manager can proceed to trial on a claim that his demotion constituted age discrimination, according to a ruling issued by Susan Oki Mollway, Chief United States District Judge for the District of Hawaii.

The employee was demoted from a front-line division senior sales manager position after being placed on probation for failing to meet sales revenue goals. The employee claimed that he was treated differently from similarly situated younger employees who were not placed on probation or demoted for failing to meet the same sales goals. The employee also presented evidence suggesting that the manager who implemented the probation and demotion made comments to the plaintiff and others including "we need to get rid of the oldies and bring in younger people," that he was going to replace older workers "with younger, more efficient managers," and that the plaintiff "was lucky to have [his] job at [his] age." These comments, combined with the plaintiff's evidence suggesting that he may have been subjected to differential performance standards, created a jury question on whether the demotion was caused by age bias.

While the court concluded that trial is appropriate on the employee's disparate treatment claim, it granted summary judgment on the employee's claim of age discrimination. The comments alleged by the employee were insufficient to create a triable issue by suggesting that his workplace was permeated with discriminatory intimidation. Parris v. Wyndham Vacations Resorts, Inc..