In the case of Cunningham v. Perry & Assocs., 2021-Ohio-4295, the Seventh District Court of Appeals held that a former employee failed to prove that age discrimination was the reason for her termination.
In this case, the former employee argued that the company committed age discrimination when it terminated the employee and said that the employee would be replaced by a younger employee of the opposite sex. The employer argued that the position was eliminated because the cost of the position outweighed the former employee’s results during the course of her employment.
The Court reasoned that the employer eliminated the position because the position was not needed, rather than on the basis of age discrimination. As such, the Court found that it was impossible for the former employee to prove an age discrimination claim.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.