There are two types of employment cases: those teaching empowerment and those illuminating disaster. Let’s talk disaster, the stuff that gets burned into our neural pathways, imparting lessons learned and never forgotten.
Starting close to home, E.E.O.C v. DynMcDermott Petroleum Operations Co. (5th Cir. July 26, 2013), a tale of ill-considered emails — very ill-considered emails. The 5th Circuit laid it all out in reversing summary judgment for an employer in an age discrimination and ADA associational discrimination case. What was the best evidence for the plaintiff? Three emails sent by the decision maker to his boss: “(Others) wanted to hire (the plaintiff) permanently . . . (1) I just put the nix to this for the following reasons . . . .(2) His wife has cancer and requires and (sic) lots of his time at home; (3) He’s at least 56 and has his own medical problems . . . I need to have someone that will be here for a long, long time.”
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