Over the years, a consistent theme of this column has been that employers need to hold all employees, regardless of protected characteristic, to the same standard in order to avoid even the appearance of discrimination. These are generally “employment words to live by.” Realistically, however, managers often hold more senior employees to a higher standard than they do relative newcomers. While a number of courts recognize this reality, in the recent case of Larison v. FedEx Corporate Services, No. 16-5921 (E.D. Pa. June 9, 2017), the manager’s shifting explanation of her performance standards created a “genuine issue of fact,” which defeated summary judgment.
8 YEARS of EXPERIENCE AS ACCOUNT EXEC
The fact-pattern is one that is often seen. Justine Larison began working for FedEx as a sales account executive in March 2007 and remained in this position until her termination in July 2015 at the age of 45. Larison’s employment was considered to be generally acceptable for the first five years of her employment until an appreciably younger woman, Stephanie Nardiello, became her manager in 2012, according to the opinion.
NEW MANAGER
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